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

August 2019 Author: The Florida Bar
Date Published: 08/23/2019
Summary:
  • 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


Archived Editions

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

April 2019 Date Published: 04/09/2019
Summary:

– 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

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December 2018 Date Published: 12/17/2018
Summary:

– 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
Summary:

IN THIS ISSUE
-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
Summary:

-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
Summary:

-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
Summary:

-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
Summary:

-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
Summary:

-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
Summary:

-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
Summary:

– 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
Summary:

-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
Summary:

-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
Summary:

-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
Summary:

– 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
Summary:

– 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
Summary:

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
Summary:

– “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



February 2012 Date Published: 02/01/2012
Summary:

– Kathryn A. Turner, “One Clause, Multiple Implications”
– Case Notes
– CLE Section



December 2011 Date Published: 12/01/2011
Summary:

– Steven Meck, “Stays in Special Magistrate Impasse Resolution Proceedings – Follow the Dots”
– Matthew L. Lundy, “Understanding the Qualified Domestic Relations Order (and Similar Orders Used to Divide Retirement Accounts)”
– Section’s 2011-12 Webinar Series Kicks Off
– Nominations Sought for New LEL Section Hall of Fame
– Case Notes
– CLE Section



July 2011 Date Published: 07/01/2011
Summary:

– Kathyrn A. Terry, “Supreme Court Rejects Massive Class Action Lawsuit”
– Scott Atwood, “Federal Arbitration Act Preempts State Law Favoring Class Actions”
– John Hickman, Carolyn Smith and Johann Lee Atlanta and Washington, D.C., “Court Decision Clears the Air (Somewhat) for Wellness Programs”
– Case Notes
– CLE Section



April 2011 Date Published: 04/01/2011
Summary:

– M. Kristen Allman, “Florida Federal Courts’ Divergent Approaches to FLSA Settlement Agreements”
– Donald B. Reder, “Mediating the Employment Dispute”
– Shane T. Muñoz, “Supreme Court Clarifies Cat’s Paw Liability in Discrimination Claims”
– John A. Noland, The Florida Bar Foundation: A Cause We Can Share
– Case Notes
– CLE Section



January 2011 Date Published: 01/01/2011
Summary:

– Elizabeth P. Kuhn, “Is Complaining About the Boss on a Social Media Site Protected Speech?”
– Kathryn S. Piscitelli, “USERRA 2010 Amendments Overrule 11th Circuit Decision on Successor Liability.”
– Elizabeth Ricci, “E-Verify Enrollment: A Potential Marketing Tool for Florida Employers?”
– PERC Launches E-filing
– Case Notes
– CLE Section



October 2010 Date Published: 10/01/2010
Summary:

– Sam J. Smith, “Eleventh Circuit Clarifies FLSA Enterprise Coverage.”
– Lindsey L. Dunn, “Free Speech Rights and Restrictions for Government Employees: The Eleventh Circuit’s Application of Garcetti v. Ceballos.”
– Stephanie Williams Ray, “Commission Hearing Officers Held to the Code of Judicial Conduct.”
– Jerry W. Chatham, “City Contribution to Retiree Health Insurance Premiums Not a Status Quo Benefit.”
– Lisa Griffin Hodgdon and Kelly Holbrook, “Who is ‘In Loco Parentis’ Under the FMLA?”
– Josè Javier Rodriguez, “Miami-Dade County’s New Wage Theft Ordinance.”
– Caran Rothchild, “The Patient Protection and Affordable Care Act Provides Still More Whistleblower Protections.”
– Case Notes
– CLE Section



July 2010 Date Published: 07/01/2010
Summary:

– Joseph W. Ambash, Justin F. Keith, Mark E. Solomons, Laura Metcoff Klaus and Don Richie, “Supreme Court: National Labor Relations Board Lacked Authority to Issue Decisions With Only Two Members.”
– Jack E. Ruby, “Is it an Unfair Labor Practice Not to Hire an Applicant Because of Activities Aiding Union Support of a Political Opponent?”
– Deborah C. Brown, “New Break Law Promotes Baby Health.”
– Linda Noel and Niza Motola, “Miami Dade County Passes Wage Theft Ordinance.”
– Section Bulletin Board
– Case Notes
– CLE Section




Archived Materials & Publications

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

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