Labor Employment Law Section

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

The Checkoff Publications

The Checkoff is a publication of The Florida Bar Labor and Employment Law Section that provides information on recent developments in labor and employment law issues and useful information about the Section’s activities and initiatives. Click here for information on advertising in The Checkoff (PDF) (DOC).

Current Edition

September 2021 Author: The Florida Bar
Date Published: 09/09/2021

In this issue:

  • Chair’s Message
  • Author Spotlight
  • Eleventh Circuit Issues Major Ruling on Associational Discrimination Claims Under the Florida Civil Rights Act
  • Resurgence of COVID-19 and Its Variants Transforms the Employment Landscape
  • NLRB: Solicitation of Mail-In Ballots Is Objectionable Conduct That May Warrant Setting Aside an Election
  • Troubled Waters? Navigating Florida’s Non-Compete Statute in the Wake of TransUnion
  • Case Notes

Archived Editions

To access materials and publications from previous years, please fill out the form found at the bottom of the page.

April 2021 Date Published: 04/23/2021

In this issue:

  • Chair’s Message
  • Author Spotlight
  • The PRO Act: A Dramatic Change in the Labor Landscape May Be on the Horizon
  • Requiring Workers to Receive a COVID-19 Vaccine? Not So Fast
  • Employers May be Required to Provide paid Leave to Employees Taking Short-Term Military Leave
  • Two Recent DOL Wage and Hour Division Opinion Letters
  • Thank you, Judge George Orr
  • Case Notes

January 2021 Date Published: 01/07/2021

In this Issue:

  • Chair’s Message
  • Authors Spotlight
  • Outokumpu Stainless: SCOTUS Applies State Law to Allow Arbitration of International Agreement Dispute by Signatory
  • Donald T. Ryce, Jr., Inducted into Section of Hall of Fame
  • A Possible Broader Impact forthe Individualized Mandate of Bostock
  • The New EEOC Conciliation Rule: Do the Changes Go Far Enought?
  • Case Notes


September 2020 Date Published: 09/10/2020

In This Issue:

  • Chair’s Message
  • Retaliation Protection for Employees Disclosing COVID-19 Fraud
  • Novel Coronavirus Sparks Novel Litigation: Employer Liability in the COVID-19 ERA
  • PERC Emergency Rule Variances in Response to the COVID-19 Outbreak
  • PERC Shifts to Alternative Hearing Platforms Due to COVID-19
  • A Return-to-Work Checklist for Florida Businesses

Special Issue: Practicing in a Pandemic Author: Chris Shulman
Date Published: 05/12/2020

May 2020 Special Issue.2

In this issue:

How to Have Meaningful Arbitration Proceedings in the Era of COVID-19 and Social Distancing

April 2020 Author: Viktoryia Johnson
Date Published: 04/14/2020

Special Extended Issue

Included in this Issue:

  • Changes to the FLSA Joint Employer Rule
  • SCOTUS Confirms Section 1981 Requires Proof of “But For” Cause for Injury
  • Eleventh Circuit Remands Johnson v. Miami-Dade County in Light of the New Comparator Standard
  • Case Notes

January 2020 Author: The Florida Bar and Labor and Employment Law Section
Date Published: 01/03/2020
  • NLRB Allows Employers to Demand Arbitration Agreements with Class and Collective Waivers After a Lawsuit Has Been Filed
  • The FLSA’s New and Proposed Compensation Regulations
  • Recertification Disclosure Requirements Survive Challenge by Florida Teachers’ Union
  • SCOTUS Watch: Employment and Employment-Related Cases to Watch for This Term
  • In the Crosshairs: Gun Rights vs. Employer Liability

August 2019 Author: The Florida Bar
Date Published: 08/23/2019
  • Chair’s Message
  • SCOTUS Resolves Circuit Split on Administrative Exhaustion as Jurisdictional Requirement
  • The Path to Class Action Arbitration Hits a Roadblock
  • It’s High Time We Talk About Medical Marijuana Use by Employees
  • Between the Rock and the Hard Place: The Lessons of Security Walls, Inc. v. NLRB
  • Ready or Not, EEOC Moves Forward with Collection of EEO-1 Component 2 Data for 2017 and 2018 Pay Periods
  • The Silent Dignity of Confidential Settlements in a #MeToo Era
  • Case Notes

April 2019 Date Published: 04/09/2019

– Chair’s Message
– Just Say No Eleventh Circuit Holds Substitute Teachers Can Be Subject to Suspicionless Drug Testing
– It Says What It Says: Florida Supreme Court Holds Proposals for Settlement Need Not to be Served by E-Mail, Pursuant to the Plain Language of the Statute and Rule
-Section Bulletin Board
– Is Protection for Florida LGBTQ Employees on the Horizon
– NLRB Restores Previous Standard for Establishing Section 7 “Concerted Activity” under the NLRA
– Case Notes

Download in Alternative Format

December 2018 Date Published: 12/17/2018

– Chair’s Message
– Section Bulletin Board
– Remediation Plan Does Not Render Subsequent Website ADA Case Moot
– Campbell v. Systems Dynamics International, Inc.: Court Limits Scope of Proposed Class in Conditional Certification of FLSA Actions
– Case Notes
– 2018-2019 Audio Webcast Series

October 2018 Date Published: 10/20/2018

-Chair’s Message
-Section Calendar
-Enforceability of Jury Waivers in Employment Cases
-PERC: No Duty to Bargain
Where Employer’s Imposition of Discipline on Individual Employee After Union is Certified but Before CBA is Finalized Does Not Impact the Collective Interests of Other Members of the Bargaining Unit
-James G. Brown Inducted into the Section Hall of Fame
– Case Notes

June 2018 Date Published: 06/29/2018

March 2018 Date Published: 03/13/2018

December 2017 Date Published: 12/29/2017

-A Lost Right to Sue is Not Revived on Agency Reconsideration Where the Initial Ninety-Day Limitations Period Was Not Timely Revoked
-The Eleventh Circuit Approves Mandatory Arbitration of Employment Claims and Class Action Waiver
-Chairs’s Message
-Was it Truly Voluntary? Eleventh Circuit Provides Standard for When a Resignation Constitutes an Adverse Action in a First Amendment Retaliation Claim
-Eleventh Circuit Rejects FLSA and Rehabilitation Act Claims in Boyle V. City of Pell City
– Timing is Everything Stipulation of Dismissal, Not Subsequent Order, Establishes Date for Appeal Notice of Potential Class Members
– Gloria Fletcher Inducted to the Section Hall of Fame
– Case Notes

August 2017 Date Published: 08/10/2017

-Sexual Orientation Discrimination: No Cause of Action in the Eleventh Circuit and Florida Courts; Other Circuits Take a Different Approach
-Florida’s Impact Rule and Negligent Hiring/Retention Cases
-The Year Ahead: Building on Success and Forging New Connections
-Eleventh Circuit Clarifies Start Time for Temporal Proximity in FMLA Retaliation Cases
-The DOJ Reaches Settlement over FCA Whistle-blowers’ Objections
-Accessibility of Places of Public Accommodation Act: An Answer To Our ADA Prayers, or Buyer Beware?
-Wagner v. Lee County: The Eleventh Circuit Affirms Dismissal of First Amendment Retaliation Claim but Revives Florida Public Whistle-blower Suit
-Arbitration of Employment Claims: How to Keep It Efficient
-Message from the Chair, and Case Notes

March 2017 Date Published: 03/30/2017

-Opt In or Opt Out? Eleventh Circuit Allows Parallel FLSA Collective Action and Rule 23 State Law Class Action
-Eleventh Circuit Rejects NLRB Decision for Failure to Distinguish Between Converted and Permanent Mixed-Use Areas
-Public Sector Whistle-blower’s Act Covers Employees Who Report Wrongdoing As Part of Their Job Duties
-Walking a Tightrope: Litigating a Non-Sealed Employment Case While Trying to Preserve a Qui Tam Seal
-Tribal Sovereign Immunity and the ADEA
-ADA Case Note: Valdes v. City of Doral
-Message from the Chair, Case Notes, and Section Calendar

November 2016 Date Published: 11/04/2016

-The U.S. Supreme Court Docket: A Look Back and Forward
-Dreadlocks and Race-Neutral Grooming Policies Under Title VII
-Fifteen Years is Too Long and Too Late Says the Eleventh Circuit in Coffey
-When USERRA, the FAA, and State Law Collide
-Department of Labor Pays $7,000,000 for Alleged Violations of the FLSA
-Case Notes, Section Calendar, and Message from Chair

July 2016 Date Published: 07/12/2016

-Sarbanes-Oxley’s Whistleblower Provision: Still Not Your Garden Variety Whistleblower Claim
-Gobeille and State Database Erisa Preemption
-The National Labor Relations Act in the Age of Social Media
-Judicial Estoppel of a Discrimination Claim Due to Non-Disclosure in a Bankruptcy Petition
-Eleventh Circuit: National Labor Relations Board Erred in Finding Stagehands are Employees of Referring Agency Under the Common Law of Agency
-Case Notes, Section Scene, and Message from Incoming and Outgoing Chairs

February 2016 Date Published: 02/19/2016

-A New Frontier: Accommodating Employees’ Temporary Disabilities
-Wage Theft Ordinances: There’s a New Sheriff in Town
-Early Settlement of Employment Cases
-ADA Case Note: Hurtt v. Int’l Servs., Inc.
-Can an Employer’s Counterclaim be the Basis of a Retaliation Claim in an Employment Dispute?
-Unpaid Internships and the FLSA: The Eleventh Circuit’s “Primary Beneficiary” Test
-Case Notes
-Message from the Chair
-Section Calendar

August 2015 Date Published: 08/24/2015

– U.S. Supreme Court Resolves Split in Circuits by Finding EEOC Duty of Conciliation is Subject to Limited Judicial Review
– Abercrombie & Fitch: Disparate Treatment Claims Do Not Require Actual Knowledge of Need for Religious Accommodation
– Message from the Chair
– ERISA and the ACA
– PERC Overhauls Back Pay Proceedings
– David V. Kornreich Inducted Into Hall of Fame at Annual Meeting

March 2015 Date Published: 03/20/2015

-Enhanced Enforceability:
Florida Arbitration Agreements Under the Revised Florida Arbitration Code
-The Public Employees Relations Commission After 40 Years
-Same-Sex Marriage Decision by Northern District of Florida Could Mark
Sea-Change in Employee Benefits in Florida
-Evans v. Books-A-Million:
The Eleventh Circuit’s Interpretation of “Prejudice” Under the FMLA
and Taxable Costs Under ERISA
-Case Notes
-Section Bulletin Board
-Message from the Chair

September 2014 Date Published: 09/12/2014

-Contraceptive Mandate by HHS Under Affordable Care Act Unlawful Where it Violates Religious Beliefs of Owners of Closely Held Corporations
-The Birth of Certainty: Florida Supreme Court Rules Pregnancy Discrimination is an Unlawful Employment Practice Under the Florida Civil Rights Act of 1992
-Down Goes Abood! Well, Not Yet Anyway: Supreme Court Finds First Amendment Precludes Payment of Compelled Agency Fees by Partial-Public Employees
-Hall of Fame Class of 2014 Inducted at Annual Meeting
-Reading Between the Lines of Lane v. Franks: Is the Court Signaling a Willingness to Recede From Garcetti?
-U. S. Supreme Court Rejects Presumption of Prudence for Decisions by Fiduciaries of Employee Stock Ownership Plans
-Case Notes

May 2014 Date Published: 05/06/2014

-Adventures in Babysitting: The Supreme Court Extends Sarbanes-Oxley Protection to Certain Household Employees and Employees of Contractors
-U.S. Supreme Court to Consider Whether Security Screening Time is Compensable Under the FLSA
-“Modernizing” White Collar Exemptions Under the FLSA
-First Circuit Takes Extraordinary Steps to Revive Retaliation Lawsuit
-Third DCA Decision Should Embolden Employers to Craft Confidentiality Clauses With “Bite”
-Message from the Chair
-Case Notes
-Section Calendar

December 2013 Date Published: 12/23/2013

– Eleventh Circuit Upholds Arbitration Award Allowing Collective Arbitration
– Florida’s Second District Court of Appeals Holds that Arbitration Agreement with Fee Shifting Provision is Unenforceable
– Rule 11 and Collateral Estoppel— It’s Not Just for Sanctions Anymore
– Is FLSA Successorship Liability Viable in the Eleventh Circuit?
– Message from the Chair
– Case Notes
– Section Calendar

August 2013 Date Published: 08/08/2013

– High Court Narrowly Defines “Supervisor” for Purposes of Title VII
– U.S. Supreme Court Reaffirms Class Action Waivers in Arbitration Agreements, Effectively Nullifying the “Effective Vindication” Doctrine
– Message from the Chair
– Eighth Circuit Holds That Plaintiff Seeking Unpaid Overtime Under the FLSA Must Provide Evidence of Actual Damages Even Where Employer Failed to Keep Accurate Time Records
– U.S. Supreme Court to Take up Eleventh Circuit’s Decision in “Thing of Value” Case
– Seventh Circuit Clarifies Meaning of “Inquiries” Under ADA Medical
Confidentiality Requirement
– Can Noel Canning Can the Quorum?

December 2012 Date Published: 12/20/2012

Message from the Chair
-“Supreme Court (Partially) Levels the Playing Field for Employers Asserting FLSA Exemptions” – Loren Beer
-“New ‘Union-Relations’ Privilege Recognized” – Cynthia May
– “Fifth Circuit Holds Private FLSA Settlement Agreement Enforceable” – Gregory W. Lineberry
– “Worlds Apart: Why Mediating Sexual Harassment Claims Does Not Make Sense” – Joel H. Feigenbaum
-Case Notes
-Section Calendar

June 2012 Date Published: 06/01/2012

– “States Immune From Claims Brought Under FMLA’s ‘Self-Care’ Provision” – Matthew L. Evans
– “Section 447.4095, Florida Statutes: The Commission Interprets ‘Financial Urgency’” – PERC Hearing Officer William D. Salmon
– “Insider Insights on Wage and Hour Initiatives” – Alan Gerlach and Marguerite Longoria
– “Showdown Looming Over Updated EEOC Guidelines on the Use of Arrest and Conviction Records in Employment Decisions” – Matthew L. Evans
– “First DCA Affirms General Counsel’s Summary Dismissal of Libel/Coercion Charge” – Steve Meck, PERC General Counsel
– “Fourth DCA Finds Hybrid Charge Timely” – PERC Hearing Officer Carlos R. Lopez
– “EEOC Expands Title VII Protections to Transgender Individuals” – Lauren B. Davis
– “Another Setback for the NLRB: Federal District Court for the District of Columbia Invalidates ‘Quickie Election’ Rule” – Donna V. Smith
– Message from the Chair
– Case Notes
– Section Calendar

Archived Materials & Publications

To access materials and publications from previous years, please fill out the form below.