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).

Current Edition

January 2024 Author: The Florida Bar
Date Published: 01/18/2024
Summary:

What SB 1718 Means for Hiring in Florida
How Adverse Does an Adverse Employment Action Have a Be?
Chair’s Message
SB 256 Fallout: PERC Issues Waivers to Preserve the State’s Eligibility for Federal Funding
24th Labor and Employment Law Annual Update and Certification Review
Navigating Workplace Harassment: Understanding the EEOC’s Updated Guidance
Federal Case Notes
State Court Case Notes
Hall of Fame Nomination Form

Archived Editions

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

August 2023 Author: The Florida Bar
Date Published: 08/15/2023
Summary:

Chair’s Message
Federal Accommodation Protections Broadened for Pregnant Workers
Author Spotlight
Context Matters: Does a Return to Setting- Specific Considerations for Disciplining Union Employee Misconduct Represent a Larger Concern for Labor Attorneys in the Future?
Recent Trends in Child Employment Laws
Case Notes
Committee Preference Form

March 2023 Author: The Florida Bar
Date Published: 03/15/2023
Summary:

In this issue:

The Pendulum Swings Back: The NLRB’s Notice of Proposed Rulemaking on the Joint-Employer Standard
Supreme Court Term Employment Cases
Chair’s Message
Ten Ways to Aggravate an Arbitrator—A What-Not-to-Do Guide
Firm Spotlight
Case Notes

August 2022 Author: The Florida Bar
Date Published: 08/18/2022
Summary:

In this issue:

Chair’s Message
The Gig Isn’t Up: Florida’s Classification Shield for Gig Economy Workers and What’s Ahead for the FLSA
The 2022 “Stop W.O.K.E.” Amendments to the Florida Civil Rights Act: Will They Survive First Amendment Challenge?
Author Spotlight
Enforcing Arbitration Agreements: A Recent Case and a New Law
Advanced Labor Topics 2022, Washington, D.C. (Photos)
Case Notes
Committee Preference Form

February 2022 Author: The Florida Bar
Date Published: 02/16/2022
Summary:

In this issue:

Chair’s Message
Public Employees’ Reasonable Expectation of Privacy in the Workplace
PERC Finds Teacher Evaluation Systems Are a Mandatory Subject of Bargaining
Author Spotlight
Jeff Carnes Inducted Into Section Hall of Fame
Florida Law Kills Vaccine Mandates by Private Employers
Case Notes
Labor & Employment Law Section Hall of Fame Nomination Form

September 2021 Author: The Florida Bar
Date Published: 09/09/2021
Summary:

In this issue:

Chair’s Message
Author Spotlight
Eleventh Circuit Issues Major Ruling on Associational Discrimination Claims Under the Florida Civil Rights Act
Resurgence of COVID-19 and Its Variants Transforms the Employment Landscape
NLRB: Solicitation of Mail-In Ballots Is Objectionable Conduct That May Warrant Setting Aside an Election
Troubled Waters? Navigating Florida’s Non-Compete Statute in the Wake of TransUnion
Case Notes

April 2021 Date Published: 04/23/2021
Summary:

In this issue:

Chair’s Message
Author Spotlight
The PRO Act: A Dramatic Change in the Labor Landscape May Be on the Horizon
Requiring Workers to Receive a COVID-19 Vaccine? Not So Fast
Employers May be Required to Provide paid Leave to Employees Taking Short-Term Military Leave
Two Recent DOL Wage and Hour Division Opinion Letters
Thank you, Judge George Orr
Case Notes

January 2021 Date Published: 01/07/2021
Summary:

In this Issue:

Chair’s Message
Authors Spotlight
Outokumpu Stainless: SCOTUS Applies State Law to Allow Arbitration of International Agreement Dispute by Signatory
Donald T. Ryce, Jr., Inducted into Section of Hall of Fame
A Possible Broader Impact forthe Individualized Mandate of Bostock
The New EEOC Conciliation Rule: Do the Changes Go Far Enought?
Case Notes

September 2020 Date Published: 09/10/2020
Summary:

In This Issue:

Chair’s Message
Retaliation Protection for Employees Disclosing COVID-19 Fraud
Novel Coronavirus Sparks Novel Litigation: Employer Liability in the COVID-19 ERA
PERC Emergency Rule Variances in Response to the COVID-19 Outbreak
PERC Shifts to Alternative Hearing Platforms Due to COVID-19
A Return-to-Work Checklist for Florida Businesses

Special Issue: Practicing in a Pandemic Author: Chris Shulman
Date Published: 05/12/2020
Summary:

May 2020 Special Issue.2

In this issue:

VIDEO ARBITRATION OF LABOR OR EMPLOYMENT ISSUES
How to Have Meaningful Arbitration Proceedings in the Era of COVID-19 and Social Distancing

April 2020 Author: Viktoryia Johnson
Date Published: 04/14/2020
Summary:

Special Extended Issue

Included in this Issue:

Changes to the FLSA Joint Employer Rule
SCOTUS Confirms Section 1981 Requires Proof of “But For” Cause for Injury
Eleventh Circuit Remands Johnson v. Miami-Dade County in Light of the New Comparator Standard
Case Notes

January 2020 Author: The Florida Bar and Labor and Employment Law Section
Date Published: 01/03/2020
Summary:

NLRB Allows Employers to Demand Arbitration Agreements with Class and Collective Waivers After a Lawsuit Has Been Filed
The FLSA’s New and Proposed Compensation Regulations
Recertification Disclosure Requirements Survive Challenge by Florida Teachers’ Union
SCOTUS Watch: Employment and Employment-Related Cases to Watch for This Term
In the Crosshairs: Gun Rights vs. Employer Liability

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

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

Download in Alternative Format

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

Archived Materials & Publications

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