Blog

DOL Issues Clarification on Applicability of FLSA to Unpaid Internships

On September 12, the Department of Labor issued a clarification regarding its statement that law students may work as unpaid interns on pro bono matters at private law firms. Unpaid internships have become a hot button issue; in June, a federal judge for the Southern District of New York held that a major motion picture studio violated federal and State minimum wage laws when it failed to pay two interns for work they completed on the film “Black Swan” in 2009 and 2010. In a letter penned to the American Bar Association Immediate Past President Laurel G. Bellows, Solicitor of Labor M. Patricia Smith explained that a law school student who performs work for his or her own educational benefit would not be considered an employee under the Fair Labor Standards Act (the “FLSA”) where the following criteria are met:

  1. The internship is similar to training that would have been given in an educational environment;
  2. The internship experience is for the benefit of the intern;
  3. The intern does not displace regular employees, but works under the supervision of existing staff;
  4. The employer that provides the training derives no immediate advantage from the activities of the intern;
  5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
  6. The employer and the intern understand that the intern is not entitled to waves for the time spent in the internship.

Read the rest of this entry »

Categories: Labor and Employment
Tags: Brett J. SchneiderNational Labor Relations BoardFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment LawyersFair Labor Standards Act
Author(s): Brett J.Schneider & Brooke P. Dolara

WSH Attorneys Recognized as “BestLawyers 2014” by National Publication

Each summer, BestLawyers compiles a list of the most esteemed attorneys throughout the country. This year, WSH is thrilled to announce that several of its Members and Partners have been selected for "BestLawyers 2014."

Read the rest of this entry »

Categories: Environmental/SustainabilityLitigationLocal GovernmentAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)
Tags: Awards & RecognitionsMitchell A. BiermanEdward G. GuedesStephen J. HelfmanGilberto PastorizaMichael S. PopokClifford A. SchulmanJoseph 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 Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Attorneys Recognized as Florida SuperLawyers

Florida SuperLawyers recently revealed its list of "SuperLawyers" and "Rising Stars" for 2013; each year, the magazine rates outstanding attorneys from more than seventy practice areas who have attained a high degree of peer recognition and professional achievement. The selection process for SuperLawyers includes independent research, peer nominations, and peer evaluations. This year, SuperLawyers recognized twenty WSH attorneys. 

Read the rest of this entry »

Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationCondominium AssociationsLocal GovernmentHomeowners' AssociationsAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)Construction LawReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentGary L. BrownJonathan CohenJamie A. ColeChad S. FriedmanEdward G. GuedesStephen J. HelfmanEric P. HockmanJoshua D. KrutGilberto PastorizaMatthew J. PearlMichael S. PopokAnthony L. RecioBrett J. SchneiderClifford A. SchulmanJoseph H. SerotaAlison F. SmithSusan L. TrevarthenRichard Jay WeissSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association 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 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 Condo Association LawFlorida Employment AttorneysFlorida Environmental LawFlorida 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 LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Supreme Court Hears Oral Arguments in Koontz Property Rights Case

On January 15, the Supreme Court heard oral arguments in Koontz v. St. Johns Water Management District. The Court granted certiorari to the appellant last October. The case involves Cory Koontz, a landowner who owned 15 acres of land, the majority of which fell within a riparian habitat-protection zone in the Econlockhatchee River hydrological basin and contained protected wetlands. The development of the land was under the jurisdiction of the St. Johns River Water Management District. The question presented in Koontz is whether a governmental entity’s denial of a permit can be the basis for a regulatory takings claim when it is denied solely because the landowner refused to agree to proposed conditions to the permit. The Court would also determine whether the decisions reached in Nollan v. California Coastal Commission, 483 U.S. 825, 107 S. Ct. 3141, 97 L.Ed. 2d 677 (1987) (holding that there must be an essential “nexus” between the permitted activity and the condition imposed on the permit) and Dolan v. City of Tigard, 512 U.S. f374, 114 S. Ct. 2309, 129 L. Ed. 2d 304 (1994) (requiring “rough proportionality” between the condition placed on the land and the extent of the impact of the proposed development”) are applicable to the present case, which involved no requirement to dedicate an interest in real property. In its 2011 decision, the Florida Supreme Court held that the Nollan/Dolan cases both involved the grant of permits rather than permit denials, and were only applicable where the condition imposed on the permit involves a dedication of the owner’s real property interest.

Read the rest of this entry »

Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationEminent Domain
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain 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 LitigatorsFlorida Commercial Litigation LawyerFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Eminent Domain Attorney
Author(s): Susan L. Trevarthen & Peter D. Waldman

WSH Partner Chad S. Friedman Discusses PACE Progress with ELULS Section Reporter

In late 2011, WSH Partner Chad S. Friedman co-authored an article for The Environmental and Land Use Law Section Reporter about the continuing efforts of several South Florida local governments to implement property assessed clean energy (“PACE”) programs across the state. Under the PACE programs, local government non ad-valorem assessments are attached to a property tax bill through a lien to fund energy efficiency, renewable energy improvements or wind resistance improvements. Last month, Chad and his co-authors provided an update on the status of the PACE programs throughout the nation, singling out the significant progress made for PACE programs in Florida. You can read the update by clicking here.

Read the rest of this entry »

Categories: Land Use & Zoning (Public)Environmental/SustainabilityLocal GovernmentLand Use & Zoning (Private)
Tags: Municipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinBondsFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Florida Environmental LawMunicipal Bonds
Author(s): Brooke P. Dolara

Condo Levels Sand Dune In Accordance with Modification Granted in ALJ Final Order

This summer, we reported on a favorable decision in an administrative proceeding that WSH Members Mitchell J. Burnstein and Susan L. Trevarthen obtained on behalf of the Mayan Beach Club (“Association”). The case arose when Broward County and the Sea Turtle Oversight Protection (“STOP”) challenged a modification to an Association permit that would level a 176-foot sand dune, arguing that the dune provided significant environmental protection and should not be destroyed for the purpose of providing a more desirable ocean view for the Association’s owners. On October 17, Secretary Herschel T. Vinyard, Jr. issued a Final Order adopting the Recommended Order in its entirety and granting the Association's Modification.  In the Final Order, Secretary Vinyard acknowledged that there was competent substantial evidence of record supporting the decision in the Recommended Order.Last week, the Mayan Beach Club leveled the 176-foot long dune.

Read the rest of this entry »

Categories: Land Use & Zoning (Public)Environmental/SustainabilityCondominium AssociationsAdministrative Law
Tags: Condos and HOAsMitchell J. BurnsteinJoshua D. KrutClifford A. SchulmanSusan L. TrevarthenFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Florida Condo Association LawFlorida Environmental Law

WSH Obtains Favorable Final Order in Significant Environmental Law Matter for Condominium Association

This summer, WSH reported on a favorable decision in an administrative proceeding that WSH Members Mitchell J. Burnstein and Susan L. Trevarthen obtained on behalf of the Mayan Beach Club (“Association”). The case arose when Broward County and the Sea Turtle Oversight Protection (“STOP”) challenged a modification to an Association permit that would level a 176-foot sand dune, arguing that the dune provided significant environmental protection and should not be destroyed for the purpose of providing a more desirable ocean view for the Association’s owners. Specifically, the challengers alleged that the dune contained an endangered species of plant known as the beach star, helped prevent coastal erosion of the shoreline, and provided a nesting habitat for species of marine turtles that are protected under state law. The Association and the Department of Environmental Protection (“DEP”) countered that the Association had agreed to partner with the City of Fort Lauderdale as part of a dune restoration project at the Palms Condominium, under which a stretch of beach would harbor several endangered species of vegetation. The Association and DEP also argued that neighboring beach areas provided nesting habitats for the turtles. On August 25, Florida Administrative Judge David Maloney recommended that the DEP enter a final order issuing the Modification. In his opinion, Judge Maloney stated that there was no evidence that the adjacent beaches provided inferior protection for the sea turtles or endangered vegetation. He also held that the facts did not support a finding that the dune prevented coastal erosion, since it lacked the height or continuity along the shore needed to be considered a “significant dune.”

Read the rest of this entry »

Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLand Use & Zoning (Private)Eminent Domain
Tags: Mitchell J. BurnsteinJoshua D. KrutClifford A. SchulmanSusan L. TrevarthenFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Florida Environmental Law
Author(s): Brooke P. Dolara

U.S. Supreme Court Will Hear Widely-Publicized Florida Case Involving Rules on Exactions and Inverse Condemnation

On October 5, the United States Supreme Court granted a petition for certiorari filed on behalf of the plaintiff in Koontz v. St. Johns Water Management District.  Oral arguments will be scheduled in the coming months. The case involves Coy Koontz, a landowner who owned 15 acres of land, the majority of which fell within a riparian habitat-protection zone in the Econlockhatchee River hydrological basin and contained protected wetlands. The development of the land was under the jurisdiction of the St. Johns River Water Management District.

Read the rest of this entry »

Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationAppellate Law & PracticeLand Use & Zoning (Private)Federal CourtsConstitutional LawEminent DomainAdministrative Law
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesGilberto PastorizaMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenMatthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain 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 LitigatorsFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Susan L. Trevarthen & Brooke P. Dolara

Citrus Canker: Appellate Victory for Homeowners in Appeal Before Third DCA

WSH Founding Member Joseph H. Serota and Grossman Roth P.A. attorney Robert Gilbert recently obtained an appellate victory before the Third District Court of Appeal on behalf of Miami-Dade homeowners whose trees were destroyed by the Department of Agriculture and Consumer Services’ Citrus Canker Eradication Program (“CCEP”). In Florida Department of Agriculture and Consumer Services v. Lopez-Brignoni, et al., 10-2024, the Department appealed the lower court’s certification of the plaintiff class on the basis that 1) the plaintiffs did not have a private cause of action for additional compensation under Florida law, nor a claim for inverse condemnation, and 2) the trial court applied an improper measure of damages for the destroyed trees. The majority opinion rejected these arguments and affirmed the lower court’s order granting the homeowner’s motion for class certification.  Since 2000, the firm, through Managing Director Jamie A. Cole, has been co-lead counsel with Robert Gilbert in multiple lawsuits against the State to obtain full and just compensation for the hundreds of thousands of healthy citrus trees that were destroyed by the state of Florida as part of the CCEP.

Read the rest of this entry »

Categories: LitigationGovernment AffairsAppellate Law & PracticeConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesClifford A. SchulmanJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort 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 LitigatorsFlorida Commercial Litigation LawyerFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Attorneys Recognized as BestLawyers by National Publication

Each summer, BestLawyers compiles a list of the most reputable attorneys throughout the country. This year, WSH is thrilled to announce that several of its Members and Partners have been selected for "BestLawyers 2013."

Read the rest of this entry »

Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)
Tags: Awards & RecognitionsEdward G. GuedesStephen J. HelfmanMichael S. PopokClifford A. SchulmanJoseph 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 LawFort 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 LawyersFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara