On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid...more
On November 7, 2024, in a consolidated opinion addressing appeals in Joseph v. Board of Regents and Crowther v. Board of Regents, the U.S. Court of Appeals for the Eleventh Circuit held that Title IX of the Education...more
The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.
On December 12,...more
1/3/2024
/ Adverse Employment Action ,
Burden-Shifting ,
Civil Rights Act ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
McDonnell Douglas Formula ,
Race Discrimination ,
Sex Discrimination ,
Title VII
The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment...more
8/15/2023
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Failure to Accommodate ,
Labor Law Violations ,
Reasonable Accommodation ,
Statutory Violations
Although not widespread, ordinances prohibiting discrimination based on natural hairstyles and textures are not completely foreign to Florida, and amidst a perceived rise in “anti-wokeness,” employers in the Sunshine State...more
From “Bare Minimum Mondays” to “Put Your Boss on Blast on TikTok Fridays,” loud quitting is the new emerging resignation trend affecting employers. Where employees previously used “mouse-jigglers” to simulate mouse movement...more
On April 1, 2022, the U.S. Court of Appeals for the Eleventh Circuit, in Brown v. Nexus Business Solutions, LLC affirmed a district court’s decision that business development managers who solicited and sold General Motors...more
4/12/2022
/ Administrative Exemption ,
Appeals ,
Automotive Industry ,
Business Development ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
General Motors ,
Labor Regulations ,
Motor Vehicles ,
Over-Time ,
Wage and Hour
Work does not always occur within the physical confines of a workplace. Indeed, due to the interconnectivity of today’s world, work often takes place in the digital space, where employees regularly use pictorial icons and...more
3/23/2022
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Civil Rights Act ,
Electronic Communications ,
Emoji ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Hostile Environment ,
Sexual Harassment ,
Title VII
Late last month, the Florida Supreme Court codified into Florida Rule of Civil Procedure 1.280(h) the “apex doctrine” and declared the doctrine applies with equal force to high-ranking corporate and government officials....more
9/16/2021
/ Apex Doctrine ,
CEOs ,
Corporate Executives ,
Depositions ,
Discovery ,
Employment Litigation ,
FL Supreme Court ,
Florida ,
Government Officials ,
Litigation Strategies ,
Rules of Civil Procedure
On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more
The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion concerning the Title VII retaliation protections afforded to third parties. Tolar v. Bradley Arant Boult Cummings, LLP, No. 19-11546 (11th Cir. May...more
On Tuesday, April 27, 2021, the Centers for Disease Control and Prevention (CDC) released updated guidance concerning facial coverings and social distancing for fully vaccinated individuals....more
Vaccine passports—standardized credentials showing proof of vaccination—are gaining momentum in some states as a means of returning to normalcy and allowing businesses to open fully to those who prove they have been...more
4/6/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Doing Business ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Florida ,
Health and Safety ,
Infectious Diseases ,
Labor Regulations ,
Labor Relations ,
NLRA ,
Policies and Procedures ,
State and Local Government ,
Unions ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On March 29, 2021, Governor Ron DeSantis signed into law Florida Statute 768.38, intended to protect businesses, governmental entities, schools and other persons and entities from COVID-19 lawsuits if they made a good-faith...more
4/1/2021
/ Civil Liability ,
Coronavirus/COVID-19 ,
Employee Handbooks ,
Employment Policies ,
Florida ,
Good Faith ,
Gross Negligence ,
Immunity ,
Infectious Diseases ,
New Legislation ,
State and Local Government ,
Workers' Compensation Claim