Employment and Labor

Our attorneys represent local, national, and regional employers in a wide range of labor and employment issues.

Our employment attorneys serve the needs of clients throughout Florida and the Southeast. Not only do we represent clients in federal and state courts, before administrative agencies like the EEOC, the Florida Commission on Human Relations, United States Department of Labor and the National Labor Relations Board, but we also counsel clients on day-to-day issues, helping to resolve problems before they develop into litigation. We provide employee and management training and educational seminars, and help our clients focus on preventive methods that reduce liability and increase morale. Additionally, we serve as chief negotiators in collective bargaining, represent employers accused of Unfair Labor Practices, and consult on union avoidance, enforcement of non-compete agreements, preparation of affirmative action plans, and the drafting of employment contracts.

Litigation

Rumberger, Kirk & Caldwell employment attorneys are dedicated to addressing all levels of client needs, from advice to claims analysis, investigation, agency response, litigation, mediation and trial.

Our attorneys are experienced in defending claims of employment discrimination based on gender, race, national origin, religion, retaliation, and harassment under Title VII and the Florida Civil Rights Act. Rumberger, Kirk & Caldwell employment attorneys also litigate claims under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act (ADEA), the Whistleblower Act, and other federal and state constitutional challenges, as well as claims brought pursuant to state law that can arise out of the employment context, including defamation, battery, intentional infliction of emotional distress, workers’ compensation, retaliation, tortious interference, and negligent supervision, retention, and supervision. We also handle litigation involving non-compete and other employment agreement disputes.

We have enjoyed numerous successes both in and out of court, successfully concluding cases at the administrative level, settlement, summary judgment and trial, as well as obtaining immediate injunctive relief against violations.

Counseling and Training

We work proactively with our clients to help them minimize the risk of costly litigation and prevent problems before they occur. Our attorneys counsel clients on a day-to-day basis by developing and/or reviewing employer workplace policies and performing audits, and help clients navigate through the complexities of compliance with employment laws on both state and federal levels.

Our attorneys also travel throughout the state to provide on-site education and training on key employment issues for all levels of employees, managers and business owners. While we are featured speakers at public seminars and conferences, we are especially adept at helping clients analyze training needs and then customizing the training to meet the client’s specific needs.

Rumberger, Kirk & Caldwell attorneys help employers as they struggle with the HR issues in today's fast changing electronic world. As technology continues to change the way we do business, the potential liability involved with email and electronic documents increases. We review and develop company email policies and provide training to managers and employees to help clients avoid problems before they occur.

Representative Work

  • A federal judge granted summary judgment in a wage and hour collective action case. (Hines v. Paris Enterprises LLC, 2006 U.S. Dist. LEXIS 82454; 20 Fla. L. Weekly Fed. D 148, (N. D. Fla. 2006).
  • We obtained a defense verdict following a jury trial in federal court on a racial discrimination claim (West v. International House of Pancakes, et al., Case No. 05-60744, in the U.S. District Court, Southern District of Florida, Ft. Lauderdale Division).
  • Summary judgments have also recently been obtained in cases involving age and race discrimination, retaliation and whistleblower claims.
  • Obtained summary judgment for a manufacturer of automotive equipment in a case alleging that a plant closure violated the provisions of a collective bargaining agreement. Summary judgment affirmed by the United States Court of Appeals for the Eleventh Circuit.
  • Obtained summary judgment for a telephone directory publisher on ground of judicial estoppel in a race discrimination case filed in the United States District Court for the Northern District of Alabama.
  • Obtained a summary judgment rejecting a sexual harassment claim on behalf of a Florida school board. Summary judgment was affirmed on appeal.
  • Secured a defense verdict which was affirmed by the Eleventh Circuit on appeal in a multi-plaintiff racial discrimination case that was tried for over two weeks in federal court.

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