Labor Employment Law Section

Labor and Employment Law Section
Protecting Rights, Pursuing Justice, Promoting Professionalism

CLE Seminars

Current Events

Labor and Employment Law Section Events at Annual Convention 2023
06/22/2023 to
Location:

The Boca Raton, Boca Raton. Details coming soon.



Past Events

Litigation Skills
12/02/2022, 9:00 am to 5:35 pm
Location:

Live Webinar

Description:

As we return to court for jury trials in the post-COVID era, this CLE will provide invaluable ideas, tips, and guidance on impaneling a jury, engaging in effective and ethical discovery, handling third-party witnesses, weighing the pros and cons of virtual versus in-person mediation, employing powerful trial techniques, handling summary judgments in state versus federal courts, engaging in all aspects of the EEOC and FEPA process, and seeking judicial approval of FLSA settlement agreements. REGISTER

8:55 am – 9:00 am
Welcome

9:00 am – 10:00 am
Adding Clarity to FLSA Settlement Fog: A View from the Bench
This presentation will discuss the differing views from the bench regarding judicial approval of FLSA settlements.  The presentation aims to provide insights to practitioners on what to expect when seeking judicial review of FLSA settlement agreements depending on where the case is pending and the judge assigned to the matter.

10:00 am – 10:50 am
EEOC & FEPA Updates:  An Insight on All Aspects of the EEOC & FEPA Process
This presentation will provide insight into the EEOC and FEPA process, including discussions about effective charges and positions statements, handling requests for information, the mediation and conciliation process, fact-finding conferences or administrative hearings, and the impact of the result of the administrative process on subsequent litigation.

10:50 am – 11:00 am
Break

11:00 am – 12:00 pm
The Battle of Mediators:  Virtual or In-Person?  That’s the Question!
This presentation will offer practitioners perspectives from local mediators regarding the pros and cons of virtual versus in-person mediation.  The mediators will also share insights regarding judicial trends in allowing virtual mediation depending on the judge overseeing a case ordered to mediation.  

12:00 pm – 12:50 pm
Lunch

12:50 pm – 1:50 pm
Ethical and Electronic Discovery
This presentation will discuss ethical and effective discovery techniques such as deposition objections, written discovery and objections, etc. The presentation will include discussion regarding technology strategies and resources that can be employed when producing or reviewing e-discovery. 

1:50 pm – 2:40 pm
Forum Matters:  Summary Judgments in State Versus Federal Court
This presentation will discuss summary judgment practice in state and federal courts with a focus on practical comparisons following the state recently adopting the federal standard of review.

2:40 pm – 2:50 pm
Break

2:50 pm – 3:40 pm
How to Develop a Trial Theme & Trial Techniques
Whether you win at trial can largely depend on your ability to persuade a jury that your theory of the case is the right one.  During this presentation, you will hear about how to develop powerful trial themes and how to incorporate them throughout the presentation of your case.

3:40 pm – 4:30 pm
Pick Me!  A Presentation on Jury Selection
Impaneling a jury can be one of the most important jobs trial lawyers have when litigating an employment discrimination case.  In this presentation, you will hear all about the nuts and bolts of effective jury selection from various perspectives.  Additionally, the presentation will include information provided by a jury consultant on effective tools that can be used during voir dire and jury selection.

4:30 pm – 4:40 pm
Break

4:40 pm – 5:30 pm
Third-Party Witness Discovery
Experienced trial attorneys know that cases can often be won or lost on the basis of third-party witnesses. Third-party witnesses can be wild cards who need to be identified early and incorporated into the litigation and trial strategy. This presentation will focus on how third-party witnesses play into employment cases, when and how to contact them and the ethical considerations of doing this properly, and how to get the most out of third-party witnesses both for summary judgment and trial.

5:30 pm
Closing Remarks



(6487) 48th Annual Public Employment Labor Relations Forum
10/20/2022, 1:00 pm to 4:45 pm
Location:

Rosen Plaza Hotel, 9700 International Drive, Orlando, FL 32819

Description:

The 48th Annual Public Employment Labor Relations Forum was a two-day program jointly sponsored by The Florida Bar’s Labor & Employment Law and the City, County and Local Government Law Sections. It originally was presented on October 20–21, 2022, as a live in-person event at the Rosen Plaza Hotel, Orlando, and live webcast. Purchase the program online now as an online seminar (on-demand) or downloadable audio. Course number 6487 is approved for 11 General CLE Credits, 1 Mental Illness Awareness credit, 1 Ethics credit, and 11 certification credits each (11 max) in City, County and Local Government , Labor and Employment Law, and State and Federal Government and Administrative Practice.

  • View the agenda and speakers here.

Segments include PERC trends and hot topics; Eleventh Circuit labor and employment law update; current issues regarding public pensions and FRS; what every employer and employee should know about mental health in the workplace; ADA compliance—what is a disability and what is a reasonable accommodation; Florida Sunshine Law/ethics update; EEOC/FCHR update; personnel/policy manuals; FLSA update; and recent developments in Florida labor law and arbitration.

View Brochure (PDF)



(6396) Litigation Skills
09/16/2022
Location:

Le Méridien Tampa and Live Webcast

Description:

Please join the Florida Bar Labor and Employment Law Section for “Litigation Skills,” a live, in-person event at Le Méridien Tampa and Live Webcast on Friday, September 16, from 8:55 AM to 5:35 PM. Live webcast registrants have 90-day, on-demand access.

Course number 6396 is approved for 8.5 General, 2 Ethics, 1 Technology CLE credit; 8.5 Civil Trial, 8.5 Labor and Employment Law certification hours.

  • In-Person Live Event:  Labor and Employment Law section member $370, non-section member $415, full-time law college faculty/student $295, fee waiver $175** (Requires discount code and must meet qualifications. For more information, email accounting@floridabar.org). REGISTER HERE
  • Live Webcast:  Labor and Employment Law Section member $420, non-section member $465. REGISTER HERE
  • Other Formats:  Audio CD PURCHASE HERE, Video DVD PURCHASE HERE

As we return to court for jury trials in the post-COVID era, this CLE will provide invaluable ideas, tips, and guidance on impaneling a jury, engaging in effective and ethical discovery, handling third-party witnesses, weighing the pros and cons of virtual versus in-person mediation, employing powerful trial techniques, handling summary judgments in state versus federal courts, engaging in all aspects of the EEOC and FEPA process, and seeking judicial approval of FLSA settlement agreements.

8:55 a.m. – 9:00 a.m.
Welcome
LaKisha Kinsey-Sallis, Fisher & Phillips LLP – Program Co-Chair
Benjamin Yormak, Yormak Employment & Disability Law – Program Co-Chair
Samuel J. Horovitz, Rogers Towers, P.A. – Program Co-Chair

9:00 a.m. – 10:00 a.m.
How to Develop a Trial Theme & Trial Techniques

Whether you win at trial can largely depend on your ability to persuade a jury that your theory of the case is the right one. During this presentation, you will hear about how to develop powerful trial themes and how to incorporate them throughout the presentation of your case.
Panelists:
Rich C. McCrea, Jr.
, Attorney, Greenberg Traurig, LLP
Tad Delegal, III, Attorney, Delegal & Poindexter, P.A.

10:00 a.m. – 10:50 a.m.
EEOC & FEPA Updates: An Insight on All Aspects of the EEOC& FEPA Process

This presentation will provide insight into the EEOC and FEPA process, including discussions about effective charges and positions statements, handling requests for information, the mediation and conciliation process, fact-finding conferences or administrative hearings, and the impact administrative processes have on subsequent litigation.
Panelists:
Cheyanne Costilla, Executive Director, Florida Commission on Human Relations
Scott Kelley, Enforcement Supervisor, Equal Employment Opportunity Commission (Tampa Office)
Jeffrey Lorick, Director, Pinellas County Office of Human Rights

10:50 a.m. – 11:00 a.m.
Break

11:00 a.m. – 12:00 p.m.
View from the Bench: Litigating Employment Claims

This presentation will provide views from the bench on effective litigation techniques in employment claims, including dos and don’ts for effective oral arguments and written briefs, summary judgment practice, jury voir dire, and other practice pointers.
Magistrate Judge Christopher Tuite, Middle District of Florida, United States District Court (Tampa Division)
Magistrate Judge Amanda Sansone, Middle District of Florida, United States District Court (Tampa Division)

12:00 p.m. – 12:50 p.m.
Lunch Program

Enjoy some light learning during the lunch hour. Featuring a history professor who wrote a book chronicling the history of the Middle District of Florida, this session will give information on the history of the District, including the special venue hosting our program, a converted federal courthouse.
Speaker:
James M. Denham
, Professor of History & Director of the Lawton M. Chiles Jr. Center for Florida History, Florida Southern College

12:50 p.m. – 1:50 p.m.
The Battle of Mediators: Virtual or In-Person? That’s the Question!

This presentation will offer practitioners perspectives from local mediators regarding the pros and cons of virtual versus in-person mediation as well as practical skills and tips that can be employed to achieve a successful mediation. The mediators will also share insights regarding judicial trends in allowing virtual mediation depending on the judge overseeing a case ordered to mediation.
Panelists:
Shane Munoz
, Attorney/Mediator, Shane Munoz Mediations
Denise Wheeler-Wright, Attorney/Mediator, Wright Mediation
Debbie Brown, Attorney/Mediator, Brown Law & Consulting

1:50 p.m. – 2:40 p.m.
Third-Party Witness Discovery

Experienced trial attorneys know that cases can often be won or lost on the basis of third-party discovery. Third-party witnesses can be wild cards who need to be identified early and incorporated into the litigation and trial strategy. This presentation will focus on how third-party discovery plays into employment cases, when and how to contact third-party witnesses and the ethical considerations of doing this properly, and how to get the most out of third-party discovery both for summary judgment and trial.
Panelists:
Angeli Murthy
, Attorney, Morgan & Morgan
Samuel J. Horovitz, Attorney, Rogers Towers

2:40 p.m. – 2:50 p.m.
Break

2:50 p.m. – 3:40 p.m.
Ethical and Electronic Discovery
This presentation will discuss views from the bench on ethical and effective discovery techniques such as deposition objections, written discovery and objections, etc. The presentation will also include discussion from an e-discovery vendor regarding technology strategies and resources that can be employed when producing or reviewing e-discovery.
Panelists:
Magistrate Judge Mac McCoy, Middle District of Florida, United States District Court (Fort Myers Division)
Magistrate Judge Kyle Dudek, Middle District of Florida, United States District Court (Fort Myers Division)
Adam Sharpe, President, E-Hounds, Inc.

3:40 p.m. – 4:30 p.m.
Adding Clarity to FLSA Settlement Fog: A View from the Bench

This presentation will discuss the differing views from the bench regarding judicial approval of FLSA settlements. The presentation aims to provide insights to practitioners on what to expect when seeking judicial review of FLSA settlement agreements depending on where the case is pending, the issues presented, and the judge assigned to the matter.
Panelists:
Magistrate Judge Sean Flynn
, Middle District of Florida, United States District Court (Tampa Division)
Magistrate Judge Nicholas Mizell, Middle District of Florida, United States District Court (Fort Myers Division)

4:30 p.m. – 4:40 p.m.
Break

4:40 p.m. – 5:30 p.m.
Pick Me! A Presentation on Jury Selection

Impaneling a jury can be one of the most important jobs trial lawyers have when litigating an employment case. In this presentation, you will hear all about the nuts and bolts of effective jury selection. Additionally, the presentation will include information provided by a jury consultant on effective tools that can be used during voir dire and jury selection.
Speaker:
Marcus A. Costillo
, Attorney, Haas & Castillo, PLLC

5:30 p.m. – 5:35 p.m.
Closing Remarks

LaKisha Kinsey-Sallis, Fisher & Phillips LLP – Program Co-Chair
Benjamin Yormak, Yormak Employment & Disability Law – Program Co-Chair
Samuel J. Horovitz, Rogers Towers, P.A. – Program Co-Chair



(5748) Advanced Labor Topics 2022
04/07/2022, 12:55 pm to 12:45 pm
Location:

The Madison Washington D.C. and Live Webcast

Description:

Please join The Florida Bar Labor and Employment Law Section as we hold our annual Advanced Labor Topics seminar in person in Washington, D.C. on April 7 and 8, 2022, at The Madison Washington D.C. and via a Live Webcast.

Due to the unique location of the seminar this year, we have scheduled an all-star faculty to provide Florida labor and employment practitioners with the very latest updates directly from key government agencies and well-known leaders in our area of practice. Serious practitioners will not want to miss this incredible opportunity to gain labor and employment law insights directly from the source and share in the experience with fellow members of The Florida Bar. We look forward to hosting you in April and making the 2022 seminar an unforgettable learning experience.

Course number 5748 is approved for 8.5 General; 8.5 Labor and Employment Law credits. REGISTER

**Lunches, a Thursday-night reception and dinner, and a Friday-night Chair’s reception are included in your registration fee.**

All Advanced Labor Topics registrants are invited to join us on Thursday from 6 to 9 PM at Dauphine’s for a reception and dinner. The evening will include hors d’oeuvres, a three-course meal, and alcoholic and non-alcoholic beverages. Dauphine’s is conveniently located across the street from the hotel and serves New Orleans-inspired dishes. The Labor & Employment Law Section also will host a reception from 6 to 8 PM Friday night in the Chair’s suite at The Madison, and all program registrants are invited.

The Labor and Employment Law Section’s discounted room rate at The Madison* ended on March 16. To reserve rooms, visit the hotel website. You may also call the hotel directly at 202-862-1600, and press 1 for the “reservations” line. *Effective March 31, 2022, this hotel will no longer be affiliated with Hilton.

April 07, 2022

12:55 PM – 1:00 PM:  Welcome and Introductory Remarks

Don Slesnick, Managing Partner, Law Offices of Slesnick & Casey LLP, Coral Gables – Program Co-Chair
Gregory A. Hearing, Shareholder, GrayRobinson, P.A., Tampa – Program Co-Chair

1:00 PM – 1:55 PM:  Affirmative Action and DEIA Update
Craig E. Leen, Partner, K&L Gates LLP, Washington, D.C. 

1:55 PM – 2:45 PM:  DOL Update
Jessica Looman, Acting Administrator, Wage and Hour Division, U.S. Department of Labor, Washington, D.C. 

2:45 PM – 3:00 PM:  Break

3:00 PM – 3:55 PM:  OSHA Update “Workplace Safety in a Pandemic Environment”
Edmund C. Baird, Associate Solicitor for Occupational Safety and Health, U.S. Department of Labor, Washington, D.C.

3:55 PM – 4:45 PM:  U.S. Supreme Court Update
Carolyn Wheeler, Senior Counsel, Katz, Marshall & Banks, LLP, Washington, D.C.


April 08, 2022

8:55 AM – 9:00 AM:  Welcome and Introductory Remarks
Don Slesnick, Managing Partner, Law Offices of Slesnick & Casey LLP, Coral Gables – Program Co-Chair
Gregory A. Hearing, Shareholder, GrayRobinson, P.A., Tampa  – Program Co-Chair

9:00 AM – 9:55 AM:  EEOC Update
Keith Sonderling, Commissioner, U.S. Equal Employment Opportunity Commission, Washington, D.C.

9:55 AM – 10:45 AM:  The Modern Role of FMCS in Labor Relations
Javier Ramirez, Executive Manager, Division of Agency Initiatives, Federal Mediation and Conciliation Service (nominated for FMCS Director), Washington, D.C.

10:45 AM – 11:00 AM:  Break

11:00 AM – 11:55 AM:  NLRB Update
Hon. Gwynne A. Wilcox, Board Member, National Labor Relations Board, Washington, D.C.

11:55 AM – 12:45 PM:  “Labor Relations – Post-Pandemic” (Includes Ethics Topic)
Mark Gaston Pearce, Visiting Professor of Law and Executive Director, Workers’ Rights Institute at Georgetown University Law Center, Washington, D.C.

View Brochure (PDF)



22nd Labor and Employment Law Annual Update and Certification Review (5598)
01/27/2022, 8:10 am to 4:20 pm
Location:

Originally presented on January 27-28, 2022, Course Number 5598 is approved by The Florida Bar for credit until July 27, 2023.

Description:

Course 5598 now is available through The Florida Bar InReach as Downloadable Audio and as an Online Seminar (On-Demand).

A virtual alphabet soup of L&E topics done virtually! This program provides an annual update on labor and employment law and also serves as a review course for the Board Certification Exam. If your practice includes FMLA, USERRA, PERA/PERC, FLSA, ACA, NLRA, WARN, EEO, OSHA, or ERISA, you won’t want to miss what our top-notch speakers have to say. Other topics include Whistleblower Statutes/Workers’ Compensation Retaliation, Common Law Employment, Unemployment Appeals Claims, Constitutional Employment Claims, Workplace Privacy, Drug Testing, and Business Interests. View the full schedule here.

Course Number:  5598. Course Classification:  Advanced Credits:  17 General CLE; 17 Labor and Employment Law Certification
Pricing:  Labor and Employment Law Section members purchase for only $590 (non-section members $635).

View Brochure (PDF)



Poaching Agreements (5595)
12/08/2021, 12:00 pm to 1:00 pm
Location:

Originally presented on Dec. 8, 2021, as a live GoToWebinar, Course Number 5595 is approved by The Florida Bar for credit until June 8, 2023.

Description:

Course Number 5595 is through The Florida Bar InReach catalog as an Online Seminar (On-Demand) and Downloadable Audio. Earn 1 General CLE credit; 1 Labor & Employment credit. Section members may purchase the program for $75.

The speakers discuss the legal aspects of poaching agreements.

Poaching Agreements
Yaman Salahi, San Francisco, CA
James J. Fredricks, Washington, D.C.



Veterans Preference, Update on USERRA, and State Military Leave Statutes (5594)
11/17/2021, 12:00 pm to 1:00 pm
Location:

Originally presented on Nov. 17, 2021, as a live GoToWebinar, Course Number 5594 is approved by  The Florida Bar for credit until May 17, 2023.

Description:

Course number 5594 is available through The Florida Bar InReach catalog as an Online Seminar (On-Demand) and Downloadable Audio. Earn 1 General CLE credit; 1 Labor & Employment credit. Section members may purchase the program for $75.

Veterans Preference, Update on USERRA, and State Military Leave Statutes
Kathryn S. Piscitelli, Orlando
Matthew Hall, Hill Ward Henderson, Tampa



(4521) NLRB Update: Where Do We Stand Now? Part II
10/06/2021, 12:00 pm to 1:30 pm
Location:

Originally presented on Oct. 6, 2021, as a live GoToWebinar, Course Number 4521 is approved by The Florida Bar for credit until February 16, 2023.

Description:

Course Number 4521 is available through The Florida Bar InReach catalog as an Online Seminar (On-Demand) and as Downloadable Audio. Earn 1.5 General CLE credits; 1.5 Labor and Employment. Section members may purchase the program for $75.

In Part 1 of this update (Oct. 14, 2020), speakers Bob Turk and Lisa Berg covered a number of changes by The National Labor Relations Board during the Trump administration. With the change in administration, the NLRB has already seen some big changes and there may be more to come. In Part 2 of this update, Bob and Lisa address what has changed so far and where the NLRB may be headed in the near future when it comes to the changing landscape of federal labor law.

NLRB Update: Where Do We Stand Now? Part II
Robert Turk and Lisa Berg, Steans Weaver, Miller, Miami, Florida



Webinar Series: OSHA and the ETS Standard and COVID-19 Workplace Safety
09/29/2021, 12:00 pm to 1:00 pm
Location:

Webinar

Description:

Presented by:

Eric Holshouser, Rogers Towers, P.A.
Jacksonville, Florida



Webinar Series: ADA – Mandatory Vaccines and Long COVID as a disability
09/13/2021, 12:00 pm to 1:00 pm
Location:

Originally presented on September 13, 2021, as a Zoom Webinar.

Description:

The Florida Bar’s Labor and Employment Law Section webinar focuses on mandatory vaccines and long-covid as a disability under the Americans with Disabilities Act. This is a recording of a live webinar conducted on September 13, 2021.

  • Segment One focuses on mandatory vaccines
  • Segment Two focuses on long-covid as a disability
  • Segment Three addresses questions and answers by the audience on both mandatory vaccines and long-covid as a disability.

Presented by:

Lakisha Sallis-Kinsley, Esquire, Fisher Phillips, Tampa, Florida
James C. Poindexter, Delegal & Poindexter, P.A., Jacksonville, Florida