PUBLICATIONS
Our 2010 monthly newsletters are listed on this page. This information is published to keep our clients apprised of changes in the law. In addition, they will explain the changes and how they affect your business or organization.
U.S. Department of Labor Expected to Target the Hospitality Industry
Middle District of Florida Rejects FLSA Settlement Agreement with General Release Language
Amendment of Answer to Add Administrative Exemption to FLSA Claim Reversed by Eleventh Circuit
NLRB Finds Employer Committed Unfair Labor Practice With Respect to Picketing Employees
NLRB Proposed Rule Requiring Employers to Post NLRA Rights
First DCA Affirms PERC’s Determination to Deny Reinstatement of DOC Employee
First DCA Reverses PERC’s Determination as to Arbitration Requirement
Reminder: Information Regarding the Hiring of Employees with Disabilities
LABOR AND EMPLOYMENT ALERT- Special Edition December 2010
LABOR AND EMPLOYMENT ALERT- Special Edition November 2010
U. S. Supreme Court Declines Review of Challenge Made to New Health Care Law
Paycheck Fairness Act Defeated on Procedural Vote
Case Law Update: U.S. Supreme Court Hears Oral Argument in “Cat’s Paw” Case
U.S. Supreme Court Hears Oral Argument on Whether Oral Complaints of Violations of the FLSA are Protected Conduct
School District Violates Florida Statutes by Deducting Dues from Members of Teacher Association for Another Employee Organization
First District Court of Appeal Rules that Law Enforcement Agency Disciplinary Investigations are Confidential and Exempt from Public Disclosure Under Law Enforcement Officers’ Bill of Rights
Equal Employment Opportunity Commission Publishes Final Regulations Under the Genetic Information Nondiscrimination Act of 2008 (“GINA”)
U.S. Department of Labor Issues News Release Regarding Proposed Rule to Enhance Target Date Retirement Fund DisclosuresSchool District Prevails in IDEA Lawsuit Demanding Tuition Reimbursement and Compensatory Education for School District’s Delay in Processing Due Process Hearing Request
Case Law Update: Florida Supreme Court Upholds Validity of Amendment 8
United States Department of Education Issues Press Release and Guidance Letter Related to Bullying in Schools
Indiana High School Athletic Association Prevails in Lawsuit Alleging it Violated Title IX and the Fourteenth Amendment (Equal Protection) by Scheduling Boys’ Basketball Games on More Preferable Days than Girls’ Basketball Games
United States Department of Education Publishes Quarterly Index of OSEP Policy Documents Relating to the IDEA
Historic Increase in United States Department of Education Civil Rights Complaints
Florida Department of Education Creates Website Related to Class Size Reduction AmendmentFlorida Court Upholds Enforceability of Non-Compete Agreement Against Employee Who Started Tattoo Business
Increased Protection and Incentives for Whistleblowers in the Financial Industry
Blackberry and Smart Phone Use under the FLSA
The Fair Playing Field Act of 2010
Eleventh Circuit Issues Opinion on Motor Carrier Act Exemption (FLSA)
Eleventh Circuit Addresses Religious DiscriminationCase Law Update: FLSA and the Statute of Limitations
Case Law Update: Florida’s Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008 (“Take Your Gun to Work”) Does Not Create a Cause of Action for Wrongful Termination Involving Self Defense in the Workplace
Case Law Update: Florida Supreme Court Expands Workers’ Compensation Retaliation Claims
Case Law Update: Eleventh Circuit Upholds Department of Labor Administrative Review Board’s Dismissal of OSHA Appeal as Untimely
Case Law Update: Volunteers Not Entitled to Protection Under Title VII
Case Law Update: Eleventh Circuit Rules in Favor of University in National Origin CaseNew Reform Act Expands Whistleblower Liability
Case Law Update: Pharmaceutical Sales Representatives are not exempt from FLSA Overtime Requirements
“Silent Raids” Sweep Illegal Workers from Jobs
Case Law Update: Eleventh Circuit Weighs In on Office Politics
Case Law Update: Third District Court of Appeal Reaffirms in Separate Cases That Isolated Misconduct Does Not Disqualify Employee from Unemployment Benefits
Case Law Update: United States Supreme Court Ruling on Arbitrator Authority
Case Law Update: United States Supreme Court Ruling on Employee Text Messages
Case Law Update: Eleventh Circuit Denies Attorney’s Fees Request in FLSA Case Due to Plaintiff’s Counsel’s Failure to Give Defendants’ Counsel Advance Notice of Lawsuit
Federal Trade Commission Postpones Enforcement of Identity Theft Red Flags Rule
Federal Contractors and Subcontractors Must Notify Employees of their Rights under the National Labor Relations Act Beginning June 21, 2010
Legislation Update: Democracy is Strengthened by Casting Light on Spending in Elections Act (DISCLOSE Act) (H.R. 5175, S. 3295)
FIRM NEWS
Robert J. Sniffen and Michael P. Spellman were each selected by Super Lawyers Magazine as top attorneys in Labor and Employment Law.
Robert J. Sniffen and Michael P. Spellman were each named to Florida Trend Magazine’s “Legal Elite” in Labor and Employment Law.
Terry J. Harmon has been selected for inclusion on Super Lawyers’ Florida Rising Stars list for 2010.Supreme Court Ruling: Disparate-Impact Claims
U.S. Department of Labor Issues Fact Sheet Regarding For Profit Private Sector Internships
Florida Department of Corrections Can be Held Liable Under Title VII for Failing to Remedy Sexually Hostile Work Environment Created by Inmates
DOL, IRS and HHS Issue Regulations Implementing Expansion of
Group Health Coverage to Adult Children
Changes in Florida’s Unemployment Compensation Laws
Second Circuit Court of Appeals Finds No Individual Liability for ADA Retaliation Claims
U.S. Department of Labor Discontinues Fact-Specific FLSA Guidance
Increase in Wages Exempt from Garnishment
Amendment to the FLSA: Nursing Mothers
New U.S. Department of Labor Poster Required for Federal Contractors and Subcontractors
Case Law Update: Subcontractor Immunity Under Florida’s Workers’ Compensation Law
FIRM NEWS
Engelhardt Appointed to the Standing Committee on Professionalism
Spellman Appointed as Vice Chair to the Federal Court Practice Committee
Tyndall Admitted to the United States District Court, Middle District of FloridaThe Hire Act of 2010 is Passed by Congress and Signed into Law
Florida Commission on Human Relations Issues Annual Report
COBRA Premium Subsidy Program Extended Again
Class Action Suit against Wal-Mart Based on Gender Discrimination to Continue
U.S. Department of Labor Takes Position on Unpaid Interns
Supreme Court to Review “Cat’s Paw” Case
Possible Expansion of Anti-Discrimination Protections in Leon County
Guidance on Small Employer Tax Credit for Providing Health Care Coverage
Administrative and Executive Exemptions under the FLSA
Legislation Update: Sovereign Immunity Caps in Florida
FIRM NEWS
Sniffen & Spellman Sponsors 2010 Tallahassee Book Fair
Sniffen Elected as Vice-Chair of Florida Commission on Ethics
Spellman Reappointed to University of Florida Alumni Association Board of DirectorsHistoric Health Care Reform Legislation is Passed and Signed Into Law
Eleventh Circuit to Reevaluate Whether Repeated Flirtation and Unwanted Physical Contact Between Supervisor and Subordinates Constitutes Sexual Harassment
U.S. Department of Labor Issues Revised COBRA Subsidy Notices
Nine Month Delay Between Protected Activity and Adverse Action is Insufficient to Establish a Causal Relationship in Retaliation Actions
Case Law Update: Citizens not Guaranteed Right to Speak at Public Meetings
Eleventh Circuit Court of Appeal Affirms Summary Judgment in Favor of EmployerPolicies Prohibiting Spouses from Working Together Do Not Constitute Marital Status Discrimination Pursuant to the Florida Civil Rights Act
Employee’s Failure to Disclose Employment Discrimination Lawsuit to the Bankruptcy Court Results in Summary Judgment for the Employer
Florida Legislature Moving Unemployment Compensation Tax Delay toward Swift Passage
U.S. Senate Filibuster Prevents Appointment to NLRBDefense Contractors Beware: The Franken Amendment Lurks
Eleventh Circuit Recognizes Private Right of Action Under ADA For Pre-Offer Improper Medical Inquiries Irrespective of Disability Status
The 11th Circuit Adopts a New Approach for Determining Complete Preemption Under ERISA
Third DCA Rejects Marital Status Discrimination Claim
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DISCLAIMER: Pursuant to Circular 230 issued by the United States Treasury Department and relating to practice before the Internal Revenue Service, any comment or opinion in this communication relating to a federal tax issue is not intended to be used, and cannot be used, by a taxpayer for the purpose of avoiding tax-related penalties that may be imposed on the taxpayer.