• Milton R. Collins (Labor & Employment, Employee Benefits)
• Michael Kantor (Labor & Employment Litigation)
• Caroline G. Saiz (Labor & Employment, Government Agencies)
• Brett J. Schneider (Labor & Employment, Litigation, Collective Bargaining)
• Alison F. Smith (Labor & Employment, Litigation, Collective Bargaining)

According to Lawdragon, this annual guide recognizes “the nation’s best advisors on the world of employment and labor law – from employee benefits and executive compensation; to traditional labor matters; immigration; and, of course, all matter of litigation and arbitration – from wage and hour class actions, to discrimination, trade secrets and non-compete agreements.”

Honorees are selected through a proprietary process, combining journalistic research and vetting, as well as submissions from peers, competitors and firms. This is the 19th edition of the guide to the nation’s best advisors on the world of employment and labor law – from employee benefits and executive compensation; to traditional labor matters; immigration; and, of course, all matter of litigation and arbitration – from wage and hour class actions, to discrimination, trade secrets and non-compete agreements.

View the full guide here.

The post Five WSHC+B Partners Recognized in 2026 Lawdragon 500 Leading Corporate Employment Lawyers Guide appeared first on Weiss Serota Helfman Cole + Bierman.

Hosted by WSHC+B partner Marlon Hill, the series brings together lawyer from across North America, including Aarij Wasti (partner at Gowling WLG, Toronto), Juan Carlos Partida (partner at EC Rubio, Mexico City), and other WSHC+B attorneys who focus their practice on governmental affairs, sports and entertainment, immigration, intellectual property, business transactions, labor & employment, and real property.

The series breaks down the complex issues stakeholders face—from immigration and border protocols to sponsorship, licensing, and venue operations. Each episode delivers actionable guidance and real-world examples, equipping in-house counsel, sponsors, venue operators, government liaisons, and other professionals to navigate challenges and turn them into opportunities.Sideline Conversations: Road to ’26 is designed for anyone looking to stay informed on the cross-border legal and commercial trends shaping the FIFA World Cup 2026 experience.

Subscribe to our YouTube channel to catch each monthly episode and stay ahead of the conversation.

Watch the first episode here: https://youtu.be/LTELlMfUbsQ?utm_source=rss&utm_medium=rss

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Key Provisions of the CHOICE Act

1. Presumption of Enforceability

The Act establishes a presumption that certain non-compete and garden leave agreements are enforceable and do not violate public policy, provided they meet specific criteria. Courts are required to issue injunctions enforcing covered agreements, shifting the burden of proof onto the former employee or poaching employer to establish certain narrow defenses. This marks a significant shift from existing law, which requires employers seeking enforcement to prove the existence of a legitimate business interest supporting the restrictive covenant, irreparable harm, and several other elements. The existing legal standard will continue to apply to agreements that are not covered by the CHOICE Act.

2. Covered Employees

The Act applies to employees or contractors who:

• Work primarily in Florida or for an employer with its principal place of business in Florida.
• Earn or are expected to earn a salary exceeding twice the annual mean wage of the relevant county.
• Are not classified as healthcare practitioners under Florida law.

3. Requirements for Presumptively Enforceable Agreements

Non-Compete Agreements will be presumed to be enforceable if:

1. The employee is informed in writing of their right to seek legal counsel before signing the agreement and is given at least seven days to review the agreement before signing.
2. The employee acknowledges in writing that they will receive confidential information or information about customer relationships during their employment.
3. The employee agrees not to assume a role with or for another business that provides services similar to those provided to the covered employer during the three years preceding the non-compete period, or in which it is reasonably likely that they would use confidential information or customer relationships.
4. The non-compete period does not exceed four years.
5. If the employee is granted a covered garden leave agreement, the non-compete period is reduced day-for-day by any non-working portion of the notice period.
6. It’s important to note that there are no restrictions on the geographic scope of a covered non-compete agreement.

Similarly, Garden Leave Agreements are presumed enforceable if:

1. The employee is informed in writing of their right to seek legal counsel before signing the agreement and has at least seven days to review the agreement before signing.
2. The employee and employer agree to provide up to four years’ advance notice before terminating employment, which is known as the “notice period.”
3. During the notice period, the employer agrees to pay the employee their regular base salary and benefits.
4. The employee acknowledges in writing that they may receive confidential information or information about customer relationships during their employment.
5. The garden leave provisions provide that:

• After the first 90 days of the notice period, the covered employee is not required to provide services to the covered employer.
• During the remainder of the notice period, the covered employee may engage in nonwork activities, including during normal business hours.
• The covered employee may also work for another employer with the permission of the covered employer during the remainder of the notice period.

Action Steps for Employers

1. Review your existing agreements and assess whether they need modifications to align with the Act’s definition of a “covered” garden leave or non-compete agreement.
2. Restrictive covenants can still be enforced against employees earning less than twice the mean salary for the applicable county. However, employers won’t have a preliminary injunction without demonstrating a legitimate business interest and irreparable harm.
3. Review your company’s confidentiality protocols and ensure comprehensive, up-to-date, and legally compliant policies regarding trade secrets, customer information, and confidential information. While the CHOICE Act only requires employees to acknowledge access to confidential information, implementing additional guardrails enhances overall security.

The post Client Alert: New Florida CHOICE Act Reshapes Non-Compete Landscape appeared first on Weiss Serota Helfman Cole + Bierman.

Section 3 of the EO, titled “Terminating Illegal Discrimination in the Federal Government,” specifically addresses the federal contracting process and revokes several previous executive orders and memoranda, including Executive Order 11246 (“EO 11246”). Originally established in 1965 by President Lyndon Johnson, EO 11246 prohibited employment discrimination by federal contractors and subcontractors based on race, color, religion, sex, and national origin. EO 11246 also required covered contractors to take affirmative action to ensure equal employment. President Trump’s EO now bars federal contractors from considering race, color, sex, sexual orientation, religion, or national origin in their employment, procurement or contracting practices “in ways that violate the Nation’s civil rights laws.” The EO ultimately eliminates affirmative action plan obligations for federal contractors.

Section 4 of the EO, titled “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences” directs federal agencies, in coordination with the attorney general, to take necessary actions to implement the EO’s principles. Within 120 days, the attorney general, in consultation with agency heads, is required to submit a report with recommendations for enforcing federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. This report must outline key areas of concern within each agency’s jurisdiction, identify the most egregious DEI practices, propose specific measures to deter illegal discrimination, suggest strategies for private sector engagement, and indicate potential litigation and regulatory actions.

It is crucial to note that President Trump’s EO does not alter existing anti-discrimination laws (like Title VII or the Florida Civil Rights Act) or their judicial interpretations. However, we strongly encourage employers, particularly federal contractors, to evaluate their current DEI initiatives and/or programs to ensure potential compliance with the EO.

We will continue to monitor developments regarding this executive order. If you have any questions or concerns about it or other employment-related executive orders, please feel free to reach out to us.

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In Miami, attorneys Emma Rodgers and Katharine Rodriguez-Wilson joined WSHC+B’s Real Estate practice, and Pooja Patel joined the firm’s Labor and Employment practice. Rodgers and Rodriguez-Wilson are graduates of the University of Miami School of Law. Patel earned her Juris Doctor from Florida International University College of Law.

Rodgers, a former clerk at WSHC+B, is versed in business and commercial real estate transactions, drafting land use documents for local municipalities, and negotiating entertainment service contracts. Rodriguez-Wilson’s practice focuses on real estate transactions and public financing for multifamily developments. Patel works with public and private sector employers to analyze their compliance with labor and employment laws and to help mitigate potential future legal problems.

In Fort Lauderdale, attorney Michael Weitzner brings experience in business transactions and litigation. Before joining WSHC+B, Weitzner worked for a community association law firm specializing in transactional and litigation services. While there, the University of Miami School of Law graduate litigated various cases for plaintiffs and defendants, including property damage, premises liability, breach of contract, and enforcement actions.

WSHC+B also welcomed the arrival of Human Resources Consultant Sharon Kelley at its Boca Raton office.

Kelley has vast public and private sector experience in labor relations and human resources. She has worked with local governments, federal agencies, and educational institutions in the public sector. On the private side, Kelley has worked in various industries, such as transportation, manufacturing, insurance defense, and corrections/detention industries. Throughout her career, Kelley has proven herself a skilled negotiator, successfully handling collective bargaining agreements, arbitrations, and settlements.

“We are fortunate to close out the year with the arrival of these talented attorneys and professionals,” Firm Managing Director Mitch Burnstein said. “Emma, Katharine, Pooja and Michael bolster multiple practice areas of our firm, and we are eager to leverage Sharon’s wisdom, experience and abilities in this newly created role.”

The post WSHC+B Makes Several Key Additions Across South Florida appeared first on Weiss Serota Helfman Cole + Bierman.

Pou is a member of WSHC+B’s Government practice and represents municipalities on a broad range of matters, including drafting contracts and legislation. He was instrumental in the creation of the firm’s Disaster Recovery practice, in which WSHC+B provides legal guidance to ensure that governments and eligible nonprofit entities have FEMA-compliant disaster response contracts before being stricken by a severe weather event or natural disaster.

A graduate of the Florida International University College of Law, Pou is very involved with the Cuban American Bar Association (CABA) and completed its Leadership, Education, and Development (L.E.A.D.) program in 2024.

Saiz is part of the firm’s Labor & Employment practice, representing management of municipal government agencies. Her previous experience includes a decade of serving as staff counsel at Florida’s largest police union, counseling employees in all aspects of arbitration hearings, disciplinary appeals, collective bargaining grievances and administrative investigations. Saiz also has experience in dependency law.

A graduate of the University of Miami School of Law, Saiz was inducted into the Society of Bar and Gavel and founded the Student Animal Legal Defense Fund organization.

Wood, specializing in land use, zoning, and general government matters, represents developers and governmental entities, guiding them through complex legal landscapes to achieve their goals. She has extensive experience advising municipal clients on public records compliance, sunshine law, ethics, comprehensive planning, procurement, utilities, administrative, and constitutional law. Additionally, she works closely with private property owners and developers to navigate the intricacies of the development review process, including securing approvals for affordable housing developments.

A frequent speaker on land use and affordable housing, Wood is passionate about addressing housing challenges and helping her clients bring transformative projects to life. She is widely recognized for her strategic insights and unwavering commitment to supporting developers and entrepreneurs as they shape thriving communities. In addition to her legal practice, Wood is a strong advocate for wellness in the professional space, emphasizing the importance of fostering a balanced and fulfilling lifestyle, and inspiring those around her to prioritize holistic well-being.

A graduate of St. Thomas University School of Law, Wood’s professional and community involvement includes her current role as the 2026 President-Elect of the Women’s Chamber of Commerce of Miami-Dade County.

“These three attorneys stand out as talented practitioners and emerging leaders in the legal industry and community,” Firm Managing Director Mitch Burnstein said. “We congratulate Roger, Caroline and Chanae on their well-deserved promotions to Partner and will enthusiastically support them in this new role.”

The post WSHC+B Names Several New Partners appeared first on Weiss Serota Helfman Cole + Bierman.

On August 20, 2024, however, Judge Ada Brown of the U.S. District Court for the Northern District of Texas enjoined the implementation of the Noncompete Ban, meaning that it will no longer take effect on September 4, 2024 (or at any point thereafter, unless there is a successful appeal of Judge Brown’s ruling). In particular, Judge Brown found that the FTC lacked authority to issue substantive rules related to unfair methods of competition, which importantly includes the Noncompete Ban. This ruling returns employers to the status quo, allowing for enforcement of noncompete agreements according to current state-specific frameworks.

Should you have any inquiries or seek clarification on this matter, please do not hesitate to contact us.

The post Client Alert: Federal Court Blocks FTC Noncompete Ban From Taking Effect appeared first on Weiss Serota Helfman Cole + Bierman.

Of the 47 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 14 attorneys were recognized as Ones to Watch. 

Best Lawyers has employed the same transparent methodology for more than 35 years, based entirely on peer review. 

The following includes all Firm attorneys named and areas in which they are recognized:

Miami

• Mitchell A. Bierman (Administrative / Regulatory Law, Government Contracts, Government Relations Practice)
• Lillian Arango (Real Estate Law)
• Maria Victoria Currais (Real Estate Law)
• Jeffrey Decarlo (Commercial Litigation, Public Finance Law)
• Alan K. Fertel (Sports Law)
• Chad S. Friedman (Land Use and Zoning Law, Real Estate Law)
• Jessika Arce Graham (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law)
• Edward G. Guedes (Appellate Practice)
• Stephen J. Helfman (Land Use and Zoning Law)
• Juan P. Loumiet (Litigation – Real Estate, Real Estate Law)
• Justin Luger (Commercial Litigation)
• Anthony L. Recio (Land Use and Zoning Law)
• Paul Ryder (Employment Law – Management)
• Clifford A. Schulman (Environmental Law, Land Use and Zoning Law)
• Joseph H. Serota (Commercial Litigation)
• Eduardo M. Soto (Real Estate Law)
• Richard Jay Weiss (Government Relations Practice)
• Laura K. Wendell (Appellate Practice)
• David M. Wolpin (Employment Law – Management, Government Relations Practice)
• Daniela Cimo (Ones to Watch: Land Use and Zoning Law)
• Kelsie Elmer (Ones to Watch: Real Estate Law)
• Roger C. Pou (Ones to Watch: Municipal Law)
• Samantha W. Soto (Ones to Watch: Labor and Employment Law – Management, Litigation – Labor and Employment)
• Alejandro Uribe (Ones to Watch: Land Use and Zoning Law)

Fort Lauderdale

• Daniel L. Abbott (Litigation – Land Use and Zoning)
• Mitchell J. Burnstein (Commercial Litigation, Eminent Domain and Condemnation Law)
• Jamie A. Cole (Commercial Litigation)
• Alicia Gonzalez (Real Estate Law)
• Paul Gougelman (Land Use and Zoning Law)
• Michael J. Kurzman (Construction Law, Litigation – Construction)
• Matthew H. Mandel (Commercial Litigation)
• Eric L. Stettin (Commercial Litigation)
• Susan L. Trevarthen (Land Use and Zoning Law)
• Peter D. Waldman (Eminent Domain and Condemnation Law)
• Isabella Falcon (Ones to Watch: Commercial Litigation)
• Anne Reilly Flanigan (Ones to Watch: Appellate Practice, Civil Rights Law, Commercial Litigation)
• Narinah Jean-Baptiste (Ones to Watch: Municipal Law)
• Bryan C. Siddique (Ones to Watch: Commercial Litigation)
• Alison F. Smith (Ones to Watch: Labor and Employment Law – Management)
• Blayne Yudis (Ones to Watch: Commercial Litigation)

Boca Raton

• Howard D. Dubosar (Commercial Litigation, Litigation – Bankruptcy)
• Andrew S. Maurodis (Land Use and Zoning Law)
• Brett J. Schneider (Employment Law – Management, Labor Law – Union, Litigation – Labor and Employment)
• David N. Tolces (Real Estate Law)
• Ethan Goldstein (Ones to Watch: Commercial Litigation)
• Ryan Hudak (Ones to Watch: Labor and Employment Law – Management)
• Jeremy S. Rosner (Ones to Watch: Commercial Litigation)

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Super Lawyers recognizes distinguished attorneys who have undergone a rigorous screening process and are ultimately selected for inclusion in their annual list of exceptional legal professionals. Published by Thomson Reuters, Super Lawyers is a rating service of attorneys from more than 70 practice areas and determines its rankings through independent research, peer nominations, and peer evaluations. Only the top 5 percent of outstanding lawyers in Florida are rated by Super Lawyers, while no more than 2.5 percent of lawyers under 40 years old or who have practiced for fewer than 10 years are selected as Rising Stars.

The Firm’s recognized attorneys are listed below.

Miami

Recognized as Super Lawyers

• Mitchell Bierman
• Alan K. Fertel
• Edward G. Guedes
• Joseph H. Serota

Recognized as Rising Star

• Justin D. Luger

Fort Lauderdale

Recognized as Super Lawyers

• Mitchell J. Burnstein
• Jamie A. Cole
• Susan Trevarthen
• Peter D. Waldman

Recognized as Rising Stars

• Anne Reilly Flanigan
• Alicia Gonzalez
• Chanae Wood

Boca Raton

Recognized as Super Lawyers

• Howard D. DuBosar
• Alen H. Hsu
• Brett J. Schneider

The post WSHC+B ATTORNEYS RECOGNIZED AS 2024 SUPER LAWYERS AND RISING STARS appeared first on Weiss Serota Helfman Cole + Bierman.

Here are the major takeaways:

White Collar Exemptions

• The standard salary level for the FLSA’s White Collar exemptions will increase from $684 per week to $844 per week (or $43,888 annually) on July 1, 2024.
• Six months later, on January 1, 2025, the standard salary level will increase to $1,128 per week (or $58,656 annually for a full-time worker).

HCE Exemption

The HCE total annual compensation level will increase from $107,432 per year to $132,964 per year on July 1, 2024, and then to $151,164 per year on January 1, 2025.

• Pursuant to the Rule, if an employee’s total annual compensation does not total at least $132,964 by the last pay period of the 52-week period, the employer can make up the difference by making a one-time payment to achieve the required level no later than the next pay period after the end of the year.
• Up to 10% of an employee’s salary amount may be satisfied by the payment of nondiscretionary bonuses, incentives, and commissions, that are paid annually or more frequently. 

Other Takeaways

• The salary thresholds will be updated every three years beginning July 1, 2027, based on current earnings data. The “current earnings data” is determined by “the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region (currently the South).”
• The Rule does not change any of the duties tests associated with the White Collar exemptions. 
• The Rule does not apply to exempt employees in the U.S. territories of Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. 
• The salary thresholds do not affect any workers in named occupations who are not required to pass the salary requirements including: physicians, lawyers, teachers, academic administrative personnel, educational administrators, and outside sales workers. Accordingly, these employees’ exemption status remain unaffected by the Rule.  

In light of the Rule, employers will need to reevaluate their exempt employees and confirm these individuals will earn the new threshold amounts required by the Rule.  Employers should consider whether their existing exempt workers’ salaries require increases. Otherwise, these individuals will no longer be considered exempt employees and will be entitled to overtime pay. Due to the time associated with analyzing these issues, employers should immediately take the necessary steps to ensure compliance by July 1, 2024.  

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