• 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.

Congratulations to Milton R. Collins, Howard D. DuBosar, Alan L. Gabriel, Rana M. Gorzeck, Alen H. Hsu, Michael Kantor, Michael J. Kurzman, Ronald S. Nisonson, Matthew T. Ramenda, Lindsey Ryder, Brett J. Schneider, Marc I. Solomon, Anthony C. Soroka, David N. Tolces for being recognized in the Top Lawyers of 2025 list.

The Boca Raton Observer’s Top Lawyers list is compiled in partnership with DataJoe, a leading national research firm. The selection process is based exclusively on peer review, with lawyers across Broward and Palm Beach counties nominating colleagues they believe exemplify excellence in their respective practice areas.

To view all of the 2025 Top Lawyers, please click here.

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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.

In April 2024, the DOL enacted regulations increasing the salary threshold for determining whether an employee is exempt from overtime requirements. The regulation imposed a July 1, 2024, increase of the salary threshold from $35,558 per year to $43,888 per year and an additional increase to $58,656 that would have taken effect on January 1, 2025. The Court ruling invalidates both increases. As a result, employees who satisfy the duties tests for the various white collar exemptions now, again, must earn $35,558 per year to be exempt from overtime requirements. Employers may still want to consult counsel before reversing course on any changes already implemented in connection with the July 1 increase.

Pursuant to the Court’s ruling, the DOL exceeded its authority when it attempted to increase the salary threshold by so much that it essentially converted the FLSA’s duties test into a “salary only” test for determining the exemption. The Court also ruled that the DOL exceeded its authority in implementing an automatic “escalator” provision, which would have automatically increased the salary threshold every three years, and struck down this regulation as well.

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 Overtime Exemption Threshold appeared first on Weiss Serota Helfman Cole + Bierman.

In light of the Court’s decision, Florida employers should be mindful of recent laws enacted by the Florida state legislature, including HB-1’s prohibition against employer vaccine mandates unless such mandates provide broad exemptions for religious and medical reasons, as well as exemptions for documented natural immunity.

The information contained in this document does not constitute legal advice.

The post Supreme Court Just Stayed Enforcement of President Biden’s Vaccine Mandate appeared first on Weiss Serota Helfman Cole + Bierman.

The Occupational Safety and Health Administration has issued its long-awaited Emergency Temporary Standard (“ETS”) requiring that private employers with 100 or more employees implement a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to wear face coverings at work and to be tested for COVID-19 at least once per week. Covered employers are also required to:

• Determine the vaccination status of each employee, obtain acceptable proof of vaccination status from employees, and maintain records and a roster of each employee’s status.
• Require employees to provide prompt notice when they test positive for COVID-19 and remove employees who test positive from the workplace.
• Ensure that each employee who is not fully vaccinated is tested for COVID-19 at least weekly (if the employee is in the workplace at least once a week) or within 7 days before returning to work (if the employee is away from the workplace for a week or longer).
• Ensure that, in most circumstances, any unvaccinated employees wear a face covering when indoors or when occupying a vehicle with another person for work purposes. 

Employers must comply with most of the ETS provisions by December 5, 2021, though employers have an additional 30 days to comply with testing requirements. Florida Governor Ron DeSantis has announced that he intends to challenge the ETS in federal court. Nevertheless, covered employers should begin to formulate policies and procedures to comply with the ETS because waiting for the results of potential litigation could leave employers with insufficient time to comply should the ETS be upheld. 

We are continuing to monitor the situation closely and will provide updated information upon further developments. We would be happy to help you navigate preparing a policy that addresses each of these issues, as they may be applicable to your operations. Please do not hesitate to reach out to the Weiss Serota Labor & Employment Division with any questions or concerns.

The information contained in this document does not constitute legal advice.

The post OSHA Issues Emergency Temporary Standard Requiring COVID-19 Vaccination or Testing appeared first on Weiss Serota Helfman Cole + Bierman.

The leftover turkey is gone, holiday decorations are going up, and the year that seemed like it would never end is finally winding down. Like so many other things in 2020, employers are being forced to forgo their annual holiday parties for the health and safety of their employees. But fear not! There is still fun to be had. As New Year’s Eve approaches without the promise (or threat) of alcohol-induced party shenanigans, we offer five cocktail-themed legal issues for employers to keep in mind as they ring in the New Year.

Eggnog with FFCRA sprinkles: Few drinks evoke the holiday season better than eggnog. Like eggnog, the Families First Coronavirus Response Act (FFCRA) was tasty in December but will leave a bad taste in your mouth on Jan. 1, 2021. That is because the emergency paid sick leave and expanded family and medical leave benefits provided by the FFCRA, which provided eligible employees to up to two weeks of paid sick leave and up to 12 weeks of expanded FMLA leave for certain qualifying reasons related to COVID-19, are set to expire on Dec. 31. Remember that employees cannot “cash out” any unused leave. Employees who are out on FFCRA leave in late December should be advised that their leave will expire on Jan. 1. Unless and until Congress decides to extend the FFCRA or provide some other benefit, FFCRA leave benefits end in 2021.

Old fashioned bourbon and new DOL independent contractor regulations: From hipster speakeasies to social media influencers, many mixologists have their own recipes for the classic Old Fashioned cocktail. Similarly, authorities have used a plethora of different legal factors to determine whether a worker is properly classified as an independent contractor for the purposes of determining the applicability of minimum wage and overtime wage requirements under the Fair Labor Standards Act. This is likely to change in the new year. The U.S. Department of Labor has proposed to codify a five-factor test to give employers more certainty about whether a worker is an independent contractor. Those factors include the nature and degree of the employer’s control over the work, the worker’s opportunity for profit or loss, and the amount of skill required in the work. If you are empowering your workers to create their own recipes, you may be able to classify them as independent contractors. Whether you spruce up your cocktail with a smoked sprig of locally grown rosemary or you handcraft artisanal ice cubes, the classic recipe for independent contractor analysis is likely to become more uniform next year.

Moscow Mules and cybersecurity: Unlike the fizzy and fun Moscow Mule, digital safety is not something to take lightly. As if businesses didn’t have enough to worry about, cyberattacks have skyrocketed during 2020. The National Security Agency recently cautioned that Russian hackers are targeting remote work platforms. The huge increase in employees working from home due to the pandemic offers cybercriminals exponentially more threat vectors that can be utilized in attacks on employers. Your vodka might be from Russia with love, but it is essential for companies to soberly and proactively assess security gaps, consider appropriate insurance needs, and adequately back up their data.

Champagne minimum wage increase: Like the bubbles in your champagne glass, Florida’s minimum wage rate is going up. On Nov. 3, Florida voters approved Amendment 2, which amends Florida’s constitution to gradually increase the state minimum wage to $15/hour by the year 2026. This means that starting Jan. 1, 2021, the minimum wage in Florida will increase by $.09 to $8.65/hour. On Sept. 30, 2021, the minimum wage will rise from $8.65/hour to $10/hour. After Sept. 30, 2021, the minimum wage will increase by $1 per year until 2026, as provided by scheduled increases. As their employees toast Amendment 2, employers must make sure to comply.

Mystery punch: The new year will bring a new administration in the federal government. Like any new administration, President-elect Joe Biden will likely seek to change course on a number of policies implemented by the outgoing administration over the last four years. Details on any specific changes are light at the moment, but it is safe to say that this mystery punch has the potential to shake things up.

Whatever your drink of choice on New Year’s Eve, be sure to keep an eye on these issues in 2021. Happy New Year!

Michael represents local governments and corporate clients in labor and employment litigation and commercial litigation. 

Brooke handles labor and employment litigation, commercial litigation, and appellate matters. 

To read the original article in the Daily Business Review, click here. 

The post Cheers to a Fresh Start in the New Year: What Employers Need to Know for 2021 appeared first on Weiss Serota Helfman Cole + Bierman.

“To the extent that COVID-19 is considered an occupational injury or illness covered by workers’ compensation statutes, any tort claim, such as wrongful death, for compensatory damages is likely to be barred,” said Michael.

He added that “employees are likely to seek creative approaches in an effort to circumvent the workers’ compensation bar on such claims.”

Click here to view the full article.

The post Michael Kantor Comments on Potential Liabilities Employers Face During Coronavirus Pandemic appeared first on Weiss Serota Helfman Cole + Bierman.

Citizen Advisory Initiatives, such as investigatory boards, enable local governments to provide residents a means with which to independently participate in and make recommendations regarding law enforcement practice and procedure.  Panels are often responsible for making recommendations regarding complaints about police conduct, though the community boards do not have authority to impose discipline.  Municipalities also may grant such panels authority to review and provide non-binding input regarding policies and procedures.  The boards afford municipalities an additional forum for community involvement and buy-in.

There are numerous legal issues regarding the formation and implementation of these board and the scope of their authority.  Municipalities that are interested in exploring the creation of a board must carefully assess these issues, including the limitations imposed by the Florida Police Officers’ Bill of Rights contained in Chapter 112, Florida Statutes.  For example, in D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017), the Florida Supreme Court held that the Police Officers’ Bill of Rights did not preempt the City from creating its Citizen Investigation Panel because that panel was carefully formed to avoid impinging responsibilities delegated exclusively to law enforcement agencies.

If your agency is interested in exploring the creation of a Community Oversight Board or you have any questions related thereto, please feel free to reach out to us to discuss.

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Super Lawyers recognizes distinguished attorneys who have undergone a rigorous screening process and who 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.

Elizabeth Coppolecchia and Alicia Gonzalez were recognized as Florida Rising Stars for the first time this year.

The Firm’s recognized attorneys are listed below.

Miami

Recognized as Super Lawyers

• Mitchell Bierman
• Alan Fertel
• Edward Guedes
• Joseph Serota
• Peter Waldman

Recognized as Rising Star

• Elizabeth Coppolecchia
• Justin Luger

Fort Lauderdale

Recognized as Super Lawyers

• Mitchell Burnstein
• Jamie A. Cole
• Matthew Mandel

Recognized as Rising Star

• Alicia Gonzalez
• Anne Reilly Flanigan
• Michael Kantor

Boca Raton

Recognized as Super Lawyers

• Brett Schneider

Recognized as Rising Star

• Alen Hsu
• Anthony Soroka

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