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Applications Available for Wm. Reece Smith Jr. Leadership Academy

The Florida Bar Leadership Academy is accepting applications for the incoming 2014-15 Academy Class II.  The deadline to submit applications is January 15, 2014, at 5:00 p.m.  The Florida Bar Leadership Academy is a yearlong leadership training program designed to foster professional growth and enhance the leadership skills of a diverse group of attorneys.  The Leadership Academy is open to all Florida Bar members in good standing to apply.  In an effort to achieve diversity among the participants, qualified individuals will be sought from different backgrounds, practice areas, and geographic areas of the state. Please see the Academy Flyer (PDF) or visit www.floridabar.org/leadershipacademy for more information.


November E-Update

The Section’s November E-Update (PDF) has an interesting and informative article written by Macon Jones, Assistant State Attorney, Eighth Judicial Circuit, on “Facebook and the Limits on Government Employee Free Speech.”  Plus, check out our list of upcoming events!

October E-Update Available

Check out the Section’s latest E-Update (PDF) for an informative article written by Jay Lechner of Jackson Lewis LLP titled: “Eleventh Circuit Further Undermines Defense Strategy of Avoiding Attorneys’ Fees in FLSA Cases by Tendering Full Relief”

July E-Update Available

The Section announces the publication of its July E-Update (PDF) containing an article titled “Supreme Court Sets Heightened Standard for Proving Retaliation Claims” by Luis Santos of FordHarrison LLP.

June E-Update Available

We hope you will review the Section’s June E-Update (PDF) for an important and timely article titled “Supreme Court Raises the Bar for Certifying Class Actions” by Justin C. Sorrell of Jackson Lewis LLP.

May E-Update Available

Our latest E-Update (PDF) includes a timely and informative article written by Amy Littrell of FordHarrison, LLP, titled: “Federal Appeals Court Strikes NLRB’s Notice Posting Rule.” Also included is the Section Calendar with information on upcoming section events.

Supreme Court Decides Important FLSA Mootness Issue

On April 16, 2013, the Supreme Court ruled that an FLSA collective action must be dismissed for lack of jurisdiction if, prior to a motion for conditional certification, the claims of the named plaintiff become moot.  Genesis Healthcare Corp. v. Symczyk, 2013 U.S. LEXIS 3157 (Apr. 16, 2013).  The named plaintiff had rejected the employer’s offer of full relief under Rule 68, but conceded in the trial court that her individual claim was moot and did not preserve that issue for appeal.  The Court held that with the named plaintiff’s claim moot and with no one having opted in, there was no live case or controversy before the trial court.  Accordingly, the trial court lacked jurisdiction and the entire case had to be dismissed.

The Court did not resolve important related issues, including:  (1) whether a proffer of full relief, even though rejected, moots a claim; (2) whether, to constitute full relief, the offer must include an offer to have judgment entered in favor of the plaintiff; or (3) the point at which putative opt-in plaintiffs have sufficient standing to keep a case alive (more specifically, (a) is the filing of a notice of consent to join enough, (b) is the filing of a motion for conditional certification enough, or (c) must there be a court order granting conditional certification plus the filing of one or more notices of consent to join).

Submitted by:

Shane T. Munoz, Esq.
Board Certified Labor & Employment Lawyer
101 E. Kennedy Blvd,
Suite 900 | Tampa, FL 33602
Direct: 813-261-7803 | smunoz@fordharrison.com

March E-Update

Check out the Section’s March E-Update (PDF) for J. Evan Gibbs’ article, Eleventh Circuit Holds Liquidated Damages are not Mandatory in FLSA Retaliation Cases, plus the latest Section Calendar of Events.

February E-Update

Check out the Section’s February E-Update (PDF) for an article by Erin Jackson and Cullan Jones of Thompson, Sizemore, Gonzalez & Hearing, P.A., regarding “Facebook Comments by Employees Addressing Colleague’s Criticism of Their Work Performance: Protected, Concerted Activity or Group Griping?”

January E-Update Available

The  Section’s January E-Update (PDF) contains the following two informative and timely articles:  “Florida Supreme Court: Proposal for Settlement Statute Does Not Apply to an Action for Both Damages and Equitable Relief” by J. Evan Gibbs, III of Constangy, Brooks & Smith, LLP, and “Class Action Waivers in FSLA Cases Upheld by Eighth Circuit” by Jay P. Lechner of Greenberg Traurig, P.A.   Also included is an updated Section Calendar.

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