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Advanced SearchOur latest E-Update 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.
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. FORDHARRISON LLP Board Certified Labor & Employment Lawyer 101 E. Kennedy Blvd,Check out the Section’s March E-Update for J. Evan Gibbs’ article, Eleventh Circuit Holds Liquidated Damages are not Mandatory in FLSA Retaliation Cases, plus the latest Section Calendar of Events.
Check out the Section’s February E-Update 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?”
The Section’s January E-Update 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.
Please join our Section for the upcoming 13th Labor and Employment Law Annual Update and Certification Review (1445R), February 14 – 15, 2013 in Orlando at the famous Peabody Hotel. We are presenting a two-day comprehensive labor and employment law seminar with top notch speakers. This course also provides 17.5 hours of CLE credit. In addition to the excellent course content and speakers, our Section is hosting a reception for attendees following Thursday’s Executive Council meeting, which you are all invited to attend. And you will not want to miss joining Section members at Howl at the Moon for some more fun following the reception.
Please sign up now for the seminar as space is limited. To register call (850) 561-5831, fax form to (850) 561-9413 or register online at www.floridabar.org/CLE. January 23, 2013 is the last day to book a room at The Peabody Orlando at the group rate of $199. To make reservations, call The Peabody Orlando direct at (407) 345-4488, mention group name “FL Bar Labor & Employment.” After January 23rd, the group rate will be granted on a “space available” basis.
Register now for the remaining audio webcasts in The Florida Bar Labor and Employment Law Section’s 2012-13 lunchtime Webcast Series. The next webcast, “The Reemployment Assistance Appeal Process,” will be presented on March 19, 2013.
The remaining webcasts are listed below.
To register call (850) 561-5831, fax form to (850) 561-9413 or register online at www.floridabar.org/CLE.
Advanced Labor Topics 2013
Save the Date for Advanced Labor Topics 2013 (1523R) on April 5-6, 2013, at the Hawks Cay Island Resort, Marina & Villas, Duck Key, FL, www.hawkscay.com. March 14, 2013 is the last day to book a room at the Hawks Cay Island Resort at the group rate of $229. To make reservations, call Hawks Cay Island Resort at (800) 432-2242, mention group name “FL Bar Meeting 2013.” After March 14th,
the group rate will be granted on a “space available” basis. A $15 resort fee includes the following amenities: gratuities with exception of food and beverage outlets and spa, valet parking, daily newspaper, daily health club, and high-speed internet access.
Check out the Section’s November E-Update for the following informative articles: “Yes, Employees May (Sometimes) be Fired for Incriminating Facebook Posts” and “Written Policy for Reporting Time Saves Employer from FLSA Liability.” Both were written by Jay P. Lechner, a shareholder in Greenberg Traurig’s Tampa office and co-chair of the Section’s Publications Subcommittee. Also, register now for the Section’s 2012-13 Webcast Series. The first webcast, “What Employment Lawyers Need to Know About Obamacare,” will be presented on December 18, 2012.
The Labor & Employment Law Section is pleased to release its October E-Update. The update contains an informative and timely article written by Brian Kurtz, a partner in FordHarrison’s Chicago office. The article is titled: “NLRB Finds No ‘Concerted Activity’ Protection for Employee Comments on Facebook.” Also, don’t miss the “Save the Date” announcement for the Section’s 2013 Advanced Labor Topics Seminar on April 5-6, 2013, in Hawks Cay, Duck Key, FL. Watch for details on the seminar in the coming months.
Check out the Section’s September E-Update for a timely and informative article written by Section Chair, Sherril Colombo, titled: “Is Pregnancy Discrimination Covered Under the FCRA or Not?”
In addition to the quarterly Checkoff, the Labor & Employment Law Section will now provide periodic email alerts to Section members on recent legal developments. The inaugural E-Update contains a timely and excellent discussion on The Patient Protection and Affordable Care Act by Dana Thrasher, Bob Ellerbrock and Evan Gibbs of Constangy, Brooks & Smith. We have not arrived at a formal name for the monthly alerts so we encourage our members to help by sending suggestions. For the person who sends the selected title, we will provide a $50.00 credit toward one of the section seminars.
Sherril M. Colombo, Section Chair Sherril.Colombo@WilsonElser.Com
