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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

WSH Attorneys Support Kozyak Minority Mentoring Picnic

On Saturday, November 10, lawyers, judges and law students will convene at Amelia Earhart Park in Hialeah for the 9th Annual Kozyak Minority Mentoring Picnic. The Picnic is sponsored by many businesses, multiple voluntary bar associations, a bank and numerous law firms. WSH will have several attorneys representing the firm at this year’s festivities; each of our attending attorneys has an opportunity to serve as a mentor to a attending law student. We are thrilled to be supporting this wonderful event.

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Categories: Awards & Recognitions
Tags: Fort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMiami 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 Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort 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 AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida 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

WSH Broward Office Welcomes Two New Associates

WSH is pleased to announce the addition of two associates to the Firm. Sonja C. Darby and Mia R. Martin. Joining our Community Association, Club & Resort Practice Group, Sonja represents community associations in matters of corporate governance, compliance, and debt collection. She is skilled at mediating between competing factions of community association boards and advising boards on compliance with their governing documents and applicable laws. A member of our Real Estate Group, Sonja also has experience representing parties in the purchase, sale, refinancing and lease of properties. Licensed in Florida, New Jersey and New York, Sonja graduated from Fordham University School of Law, where she achieved Dean's List honors. A member of our Labor and Employment Law Practice Group, Mia serves as employment counsel to public sector clients and private employers in labor arbitrations, state and federal court, mediation, and before the Equal Employment Opportunity Commission. Mia has experience handling both employment litigation and non-litigation matters. Licensed in Florida and New York, Mia is a cum laude graduate of Loyola New Orleans School of Law.

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Categories: Labor and EmploymentCondominium AssociationsHomeowners' AssociationsReal Estate
Tags: Fort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort 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 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 Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSonja C. DarbyMia R. Martin
Author(s): Brooke P. Dolara

District Court Judge Green-Lights Whistleblower Suit Brought Under Dodd-Frank Act

On September 26, a federal district court denied a Motion to Dismiss in a whistleblower case under the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), holding that the plaintiff could establish a prima facie violation of the Dodd-Frank Act based on the allegations contained in the complaint. The decision in Kramer v. Trans-Lux Corp., 3v11cv1424 (SRU) is significant because the Dodd-Frank Act, which was signed into federal law in 2010, provides greater protection against whistleblower retaliation than past legislation aimed at financial reform.

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Categories: Labor and EmploymentLitigation
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysProtected ActivityFlorida Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Florida Supreme Court Hears Oral Arguments in Public Employee Pension Case

On September 7, the Florida Supreme Court (the “Court”) heard oral arguments concerning an appeal by state officials seeking to overturn a decision issued by state court Judge Jackie Fulford in Leon County, Florida that voided a law that, among other things, required public employees to contribute 3% of their pay into a state retirement system. The central issue in Scott v. Williams, SC122-520, is whether the state of Florida can revise the terms of the public pension plan for active participants who were hired before the law took effect. The State, along with local governments and other public entities that participate in the state retirement system, argued that the lower court’s decision will produce significant financial hardship for the State, which will have to repay an estimated $1 billion in worker contributions if the decision is upheld. No timetable was given for a decision from the Court.

 

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Categories: Labor and EmploymentLitigationConstitutional LawContracts
Tags: Public EmployeesEmployment AgreementsPublic EmployersSenate Bill 88Governmental LitigationFlorida Supreme CourtFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale 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 AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

First DCA Holds Non-Compete Covenants are Transferable Even Under General Assignment of Rights

In today’s business environment, businesses merge and sever with unprecedented frequency. Because change in business ownership is so common, questions may arise as to what rights and obligations a business has into previously agreed-to covenants. A recent case from the First Circuit Court of Appeals gave some good news to such businesses. In DePuy Orthopaedics, Inc. v. Waxman, et al. 2012 WL 3138681 (Fla. 1st DCA, Aug. 3, 2012), the District Court held that non-compete agreements entered into between a distributor and its sales representatives were enforceable where the agreements were properly assigned under a sale of the distributor’s intangible assets. The case is significant because it holds that a mere general assignment of rights and obligations is sufficient to effectuate a transfer of enforcement rights; no formal assignment is needed.

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Categories: Labor and EmploymentLitigationContracts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami 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 AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFort 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 AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Associate Alison F. Smith Elected President of CBA

WSH Associate Alison F. Smith has been elected as the next President of the Caribbean Bar Association, a voluntary bar organization of South and Central Florida lawyers from the Caribbean community. 

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Categories: Labor and EmploymentLitigationAwards & RecognitionsAdministrative Law
Tags: Michael S. PopokAlison F. SmithFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth 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 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 AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Achieves Significant Victory in Arbitration for Public Employer

On August 10, 2012, the firm obtained a significant arbitration victory for the City of Miramar in a case involving a former police officer who was terminated after he had been found to be psychologically unfit for duty by a City-appointed psychologist.

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Categories: Labor and EmploymentAlternative Dispute Resolution
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 AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment Attorney
Author(s): Brett J. Schneider

Third DCA Holds FCRA Does Not Support Claim for Discrimination Based on Pregnancy

Today, Florida’s Third District Court of Appeal issued an employment ruling very favorable to employers, but certified conflict with the Fourth District on the same issue. The decision is Delva v. The Continental Group.   You can read a copy of the Opinion here.

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Categories: Labor and EmploymentLitigationAppellate Law & Practice
Tags: Florida Supreme CourtFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort 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 LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Edward G. Guedes

Former Broward Teachers’ Union President Arrested for Numerous Offenses Against Union

On Tuesday, former Broward Teachers’ Union (“BTU”) President Pat Santeramo surrendered to authorities after he was charged with racketeering, grand theft, campaign contribution violations and money laundering. The arrest warrant alleges that Mr. Santeramo charged union credit cards for personal expenses, fraudulently obtained compensation for sick and vacation leave that he was not entitled to, and orchestrated an illegal campaign contribution scheme under which BTU members would be reimbursed with union funds after writing checks to political candidates. Mr. Santeramo is also charged with receiving numerous kickbacks from South Florida vendors while billing the union for the incurred expenses.

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Categories: Labor and EmploymentGovernment AffairsLocal GovernmentCriminal Law
Tags: Public EmployeesPublic EmployersMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanAlan L. GabrielBrett J. SchneiderRichard Jay WeissDavid M. WolpinFort Lauderdale 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 AttorneysFort 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 AttorneySouth Florida Employment Lawyers
Author(s): Michael S. Popok & Brooke P. Dolara