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The Checkoff Publications

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

Current Edition

  • 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

Archived Editions

  • 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
    - 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
  • April 2010

    Date Published: 04/01/2010
    Summary: - Cynthia May, "American Recovery and Reinvestment Act Provides New Whistleblower Protection."
    - Scott T. Silverman and Sarah M. DeFranco, "Eleventh Circuit Expands the Scope of Actionable Harassment."
    - Chad K. Lang and Diane P. Perez, "Pre-Notice Communications with Potential FLSA Class members May Get Attorneys in Hot Water When They Run Afoul of Florida’s Ethics Rules."
    - Case Notes
    - CLE Section
  • January 2010

    Date Published: 01/01/2010
  • October 2009

    Date Published: 10/01/2009
  • July 2009

    Date Published: 07/01/2009
  • April 2009

    Date Published: 04/01/2009
  • December 2008

    Date Published: 12/01/2008
  • September 2008

    Date Published: 09/01/2008
  • March 2008

    Date Published: 03/01/2008
  • June 2007

    Date Published: 07/01/2007
  • February/March 2007

    Date Published: 02/01/2007
  • July/August 2006

    Date Published: 07/01/2006
  • January/February 2006

    Date Published: 01/01/2006
  • October/November 2005

    Date Published: 10/01/2005
  • April/May 2005

    Date Published: 04/01/2005
  • November 2004

    Date Published: 11/01/2004
  • October 2004

    Date Published: 10/01/2004
  • May 2004

    Date Published: 05/01/2004
  • January 2004

    Date Published: 01/01/2004
  • September 2003

    Date Published: 09/01/2003
  • June 2003

    Date Published: 06/01/2003
  • March 2003

    Date Published: 03/01/2003
  • February 2002

    Date Published: 02/01/2002
  • November 2001

    Date Published: 11/01/2001
  • September 2001

    Date Published: 09/01/2001
  • June 2001

    Date Published: 06/01/2001
  • October 2000

    Date Published: 10/01/2000
  • September 2000

    Date Published: 09/01/2000
  • June 2000

    Date Published: 06/01/2000
  • April 2000

    Date Published: 04/01/2000
  • February 2000

    Date Published: 02/01/2000
  • September 1999

    Date Published: 09/01/1999
  • February 1999

    Date Published: 02/01/1999
  • July 1998

    Date Published: 07/01/1998
  • December 1997

    Date Published: 12/01/1997
  • September 1997

    Date Published: 09/01/1997
  • June 1997

    Date Published: 06/01/1997
  • April 1997

    Date Published: 04/01/1997
  • January 1995

    Date Published: 01/01/1995