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WSH Labor and Employment Lawyers Obtain Summary Judgment for City in Discriminatory Discharge Case

On April 23, WSH attorneys Brett J. Schneider and Alison F. Smith obtained summary judgment in favor of the City of Lauderhill in a federal lawsuit brought by a former City maintenance worker. The Plaintiff alleged, among other things, that the City discriminated against him on the basis of his age and national origin, retaliated against him for making a discrimination complaint, and ultimately terminated his employment because of his age and national origin. Judge Robin Rosenbaum, in a 30 page written order, adopted many of the arguments made by Brett and Alison and granted summary judgment as to all seven counts in the Complaint.

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Categories: Labor and EmploymentLitigation
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingGovernmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaAlison F. SmithFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers

Supreme Court Justices Hold Plaintiff’s Claim Moot in Collective Action Under FLSA, Dismissing Case

On April 16, the U.S. Supreme Court issued an opinion that may limit the availability of collective action suits under the Fair Labor Standards Act. By way of background, the Fair Labor Standards Act (“FLSA”) establishes federal minimum wage and overtime pay requirements that cannot be modified by contract. Section 16(b) of FLSA permits employees to bring a private cause of action on their own behalf and on behalf of “other employees similarly situated” for specific violations of the FLSA. A suit brought on behalf of other employees is known as a “collective action.” The issue before the Court was whether a collective action is justiciable when the lone plaintiff’s individual claim becomes moot.

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Categories: Labor and EmploymentLitigationFederal LawFederal CourtsClass ActionsCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Labor Attorneys Win Arbitration For City of Lauderhill

On April 11, 2013, attorneys Brett J. Schneider and Alison F. Smith obtained a significant arbitration victory for the City of Lauderhill, in a case involving a former City police officer who was terminated because he admitted to engaging in criminal activity while on duty as a Lauderhill police officer while underdoing polygraph examinations in connection with jobs he was seeking with two other Florida law enforcement agencies. In his defense, the employee claimed that he fabricated stories about engaging in criminal activity during those polygraph examinations because he wanted to fail the polygraph examinations, as he was no longer interested in working for those agencies. The City argued that it had just cause to terminate the employee because, whether he had in fact engaged in criminal activity on duty or had lied about doing so, neither lying nor engaging in criminal activity is a trait that any law enforcement officer should possess. The arbitrator agreed and denied the employee’s grievance in its entirety, holding that, as a law enforcement officer, the employee was required to demonstrate honesty and integrity and, failing that, could not have his employment salvaged by the City.

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Categories: Labor and Employment
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingBrett J. SchneiderAlison F. SmithFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider

Eleventh Circuit Expands FLSA Protection for Undocumented Workers

On March 6, the Eleventh Circuit Court of Appeals issued an opinion that permits undocumented workers to recover back pay from their employers for violations of the Fair Labor Standards Act (“FLSA”). In Lamonica v. Safe Hurricane Shutters, Inc., --- F. 3d ----, 2013 WL 811906 (11th Cir. Mar. 6, 2013), the Eleventh Circuit upheld a District Court decision awarding unpaid wages and liquidated damages to former employees, including one worker who was not authorized to work in the United States, who alleged that they were owed overtime wages under the FLSA. This was not a case of first impression for the Eleventh Circuit; the Court had previously held that undocumented workers could state a cause of action under the FLSA in Patel v. Quality Inn S., 846 F. 2d 700 (11th Cir. 1988). However, Hurricane Shutters, Inc. argued that Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 122 S. Ct. 1275, 152 L. Ed. 271 (2002), a Supreme Court case which held that the National Labor Relations Board could not award back pay to undocumented workers who are terminated for union activity, effectively overruled Patel. The Eleventh Circuit disagreed, stating that the case was not controlling authority because it involved a different statute and different issues; whereas the employees in Hoffman alleged they were owed back pay for being deprived a job, the employees in Lamonica claimed they were owed back pay for work already performed.

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Categories: Labor and EmploymentLitigationFederal Law
Tags: Collective BargainingMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Brooke P. Dolara

Broward County Implements Wage Payment Law

In January 2013, Broward County implemented an ordinance that makes it easier for employees to take legal action against their employers for non-payment of earned wages. Under Broward County Ordinance 2012-32, if an employee has performed work in Broward County and his/her employer has failed to pay or has underpaid the wage rate applicable for the work performed within a reasonable amount of time from the date on which the employee performed the work, the employee may file a complaint with the Broward County Office of Intergovernmental Affairs and Professional Standards (“OIAPS”) to recover those lost wages. Section 20½-2(f) defines a “reasonable time” as no later than 14 calendar days from the date that the work is performed, unless the employer has established a pay schedule whereby employees earn and are consistently paid according to regular pay periods, in which case that pay schedule controls. A complaint will be heard by a hearing officer if:

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Categories: Labor and EmploymentAdministrative Law
Tags: Employment AgreementsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Labor Attorneys Achieve Arbitration Victory for Bay Harbor Islands

On February 1, 2013, the firm obtained an arbitration victory for the Town of Bay Harbor Islands in a case involving a claim by the Dade County Police Benevolent Association (the “Union”) that the Town violated its collective bargaining agreement with the Union when it unilaterally implemented a policy requiring all Town police officers and sergeants to wear bullet proof vests while on duty. Brett J. Schneider and Mia R. Martin defended the Town against the Union’s claim. The Town successfully argued that the Union had waived its right to challenge the policy by not timely filing a grievance regarding the implementation of the policy and that the Town’s implementation of that policy did not violate any provision of the parties’ agreement and was an extension of the Town’s management rights.

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Categories: Labor and EmploymentAlternative Dispute Resolution
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingAwards & RecognitionsBrett J. SchneiderFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMia R. Martin
Author(s): Brett J. Schneider

Florida Supreme Court Upholds Mandatory 3% Contributions to Pension Plan by Public Employees

In a much anticipated ruling, the Florida Supreme Court ruled (4-3) against government employees by upholding a 2011 law requiring government employees in Florida to contribute 3% of their earnings to a state retirement fund (i.e., the Florida Retirement System (“FRS”)). The ruling reverses County Circuit Court Judge Jackie Fulford’s ruling that the pension changes were unconstitutional because they impaired the obligation of contracts, took private property without full compensation and impaired the right of government employees to bargain collectively.

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Categories: Labor and Employment
Tags: Public EmployeesPublic EmployersCollective BargainingGovernmental LitigationFlorida Supreme CourtRaquel ElejabarrietaBrett J. SchneiderFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor Lawyer
Author(s): Raquel Elejabarrieta

WSH Partner Brett J. Schneider is New President-Elect of Human Resource Association of Broward County

WSH Partner Brett J. Schneider has been elected as the President-Elect of the Human Resource Association of Broward County (“HRABC”) for the 2013 year. Prior to his election as President-Elect, he served as HRABC's Legislative Affairs Director from in 2011 and 2012.

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Categories: Labor and EmploymentAwards & Recognitions
Tags: Awards & RecognitionsBrett J. SchneiderFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Selected as One of South Florida Business Journal's Best Places to Work in 2013

The South Florida Business Journal (“SFBJ”) has named WSH as one of the 2013 Best Places to Work for the fourth year in a row. Each year, the SFBJ surveys employees at numerous firms to determine which employers in South Florida foster a great workplace. WSH placed among the finalists for medium-sized (51-149 employees) firms. On February 21, the SFBJ will announce the rankings of all the named finalists at its celebratory awards luncheon in Fort Lauderdale. We are thrilled to be chosen by the SFBJ for this honor.

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Categories: Awards & Recognitions
Tags: Awards & RecognitionsJamie A. ColeStephen J. HelfmanJoseph H. SerotaRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Florida Division of Retirement Letters Signal Changes to Interpretation Regarding Use of Tax Revenues to Fund Pensions

Recently, the Florida Division of Retirement (the “Division”) issued letters to the Cities of Naples and Hollywood concerning those Cities’ eligibility for and use of future premium tax revenues to fund their respective police and fire pension obligations under Chapters 175 and 185, Florida Statutes. These letters reflect an important change to the Division’s previous position concerning a municipality’s eligibility for and use of premium tax revenues.

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Categories: Labor and Employment
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingRaquel ElejabarrietaBrett J. SchneiderFlorida LegislatureFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta