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Citing Religious Freedom, Supreme Court Backs Church In Discriminatory Discharge Case

On January 11, the United States Supreme Court held for the first time that federal discrimination laws do not protect church employees who perform religious duties. In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 2012 WL 75047 (Jan. 11, 2007), the Court recognized that the “ministerial exception” under the First Amendment protects religious institutions from discriminatory discharge where the former employee qualifies as a “minister.” Although the term “minister” is not strictly defined, the term may apply to those who conduct worship or serve as a messenger or teacher of faith.

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Categories: Labor and EmploymentLitigationFederal LawFederal CourtsConstitutional Law
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 LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort 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 AttorneysFirst AmendmentFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Successfully Defends Golden Beach in Labor Arbitration

Last week, WSH obtained a significant arbitration victory for the Town of Golden Beach in a case involving a former police officer who was terminated for sleeping on the job.

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Categories: Labor and EmploymentGovernment AffairsLocal GovernmentContractsAlternative Dispute Resolution
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanBrett J. SchneiderAlison F. SmithRichard Jay WeissDavid M. WolpinMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysAlternative Dispute ResolutionFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

11th Circuit Holds Discrimination Against Transgendered Employee Violates Equal Protection Clause

In Glenn v. Brumby, 1:08-CV-02360-RWS (11th Cir. December 6, 2011), the court found that a governmental employer violates the Equal Protection Clause’s prohibition of sex-based discrimination when it terminates an employee because of gender-nonconformity when the employee announces that he or she is planning to transition from one sex to another. The case is significant because it contradicts earlier cases that relied on Congress’s intent in passing Title VII of the Civil Rights Act of 1964 to find that the law only protected against discrimination so that the sexes would be treated equally and did not protect those who were transitioning.

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Categories: Labor and EmploymentLitigationGovernment AffairsFederal CourtsConstitutional Law
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeEdward G. GuedesAlexander L. Palenzuela-MauriBrett J. SchneiderJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort 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 AttorneysEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Labor LawyersFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Alexander L. Palenzuela-Mauri

New Bonus And Severance Pay Restrictions For Public Employees Starts Now

On June 17, 2011, the Governor signed Senate Bill 88, which limits the amount of severance and/or bonus a governmental entity may provide to a contractual employee. The law explicitly provides that no extra compensation shall be made to any officer, agent, employee or contractor after service has been rendered or a contract entered into unless the compensation is allowed by a law enacted by two-thirds of both the Florida House of Representatives and the Florida Senate. Although contracts entered into before July 1, 2011 are grandfathered, municipalities, counties and other units of government in Florida will be required to comply with the new restrictions limiting the availability of bonuses and severance pay for contractual employees.

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Categories: Labor and EmploymentGovernment AffairsLocal Government
Tags: Public EmployeesEmployment AgreementsPublic EmployersSenate Bill 88Mitchell A. BiermanJamie A. ColeRaquel ElejabarrietaChad S. FriedmanBrett J. SchneiderRichard Jay WeissDavid M. WolpinFort 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 LawyersSouth Florida Private Transactions 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 Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Brooke P. Dolara

WSHPC&B Wins Arbitration Victory For Public Employer

On June 29, 2011, our Firm obtained a significant arbitration victory for the City of Lauderhill in a labor dispute with AFSCME Local 2942. Brett J. Schneider and Alison F. Smith successfully defended the City against claims that the City violated its collective bargaining agreement when it laid off several employees without honoring their right to "bump" (replace) employees in the same classification with less seniority. In his decision, the arbitrator stated that the evidence showed that the City acted in good faith and was faithful to its contractual responsibilities under the agreement.

Click here to read the Opinion & Final Award.

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Categories: Labor and EmploymentGovernment AffairsLocal Government
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingBrett J. SchneiderAlison F. SmithFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort 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 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
Author(s): Brooke P. Dolara