We are pleased to share an arbitration order we received in favor of our client, American Federation of Government Employees, Local 547. The arbitrator awarded the Union $24,922.11 in dues the James A. Haley VA Hospital improperly failed to deduct from employee paychecks due to a delay in processing Form 1187s. The arbitrator found that the delay […]
Author: Michelle Nadeau
Eleventh Circuit Reverses Summary Judgment for Student-Interns
On September 11, 2015, the Eleventh Circuit Court of Appeals reversed summary judgment in Billy Schumann, et al v. Collier Anesthesia, P.A., et al, where Kwall, Showers, Barack & Chilson, P.A. represents a class of Student Registered Nurse Anesthetists (“SRNAs”). The entire order can be found here. The SRNAs were students at Wolford College, a for-profit […]
Federal Court Finds Race-Based Assignments Were Unlawful and Grants Summary Judgment for Employee
On Monday, a federal judge granted an employee’s motion for summary judgment, finding, as a matter of law, that she was the victim of unlawful employment discrimination. In the fall of 2013, Syrenthia Dysart, a nurse at Palms of Pasadena hospital, was prevented from caring for a patient because of the color of her skin. […]
Supreme Court Unanimously Rejects President’s Recess Appointments in National Labor Relations Board v. Noel Canning
Today, in NLRB v. Noel Canning, a labor law case with much broader implications, the U.S. Supreme Court reached the same result as the D.C. Circuit – that the recess appointments at issue were invalid – but based its conclusion on different reasoning. This case arose when a 3-member National Labor Relations Board panel held that Noel […]
Florida Supreme Court: Florida Law Prohibits Pregnancy Discrimination
As those of us who represent employees in Florida have long suspected, the Florida Supreme Court confirmed today that pregnancy discrimination is a prohibited by the Florida Civil Rights Act (“FCRA”). Although it is not specifically enumerated as a protected status in the FCRA, because pregnancy is a condition unique to women, pregnancy discrimination is […]
Senate Votes to Protect LGBT Workers from Discrimination
Yesterday, the United States Senate voted (64-32) to pass the Employment Non-Discrimination Act (“ENDA”). Although ten republican senators voted in favor of the legislation, there is little hope that it will pass the republican-controlled House of Representatives given Speaker John Boehner’s lack of support. Still, this is a move in the right direction for equal […]
Florida Minimum Wage to Increase to $7.93
The Department of Economic Opportunity has announced a 14-cent increase in the minimum wage. As of January 1, 2014, the minimum wage in Florida will increase from $7.79 per hour to $7.93 per hour. For tipped employees, the hourly minimum wage will increase from $4.77 to $4.91. The Florida minimum wage remains higher than the […]
Pinellas County To Protect the Rights of Transgendered Individuals
In a 6-1 vote, and over the protests of many, the Pinellas County Board of County Commissioners voted to change the word “sex” to “gender.” While this may seem to be a minor change, it opens up the anti-discrimination ordinance to an entirely new class of people: transgendered individuals. This means that an employee can […]
Class Action Complaint Filed Against Avantair for Unpaid Wages and WARN Act Violations
On June 28, 2013 we filed a collective and class action lawsuit this morning alleging unpaid wages, minimum wages and overtime violations, and violation of the WARN Act, a federal law that requires advanced notice prior to a mass layoff. You can read the full complaint here: First Amended Class Action Complaint. The Complaint, in part, alleges that: […]
The Effect of DOMA’s Fall on Employment Law
Today, the U.S. Supreme Court ruled that the Defense Against Marriage Act is unconstitutional. This has some employment law implications. In states which recognize marriage equality, same sex spouses will have more rights. Let’s look at the FMLA first. The Family Medical Leave Act provides medical leave to employees to care for themselves or a […]