Employment and Labor

Overview

RumbergerKirk represents local, national, and regional employers in a wide range of labor and employment issues. We represent clients in federal and state courts before administrative agencies like the Equal Employment Opportunity Commission, Florida Commission on Human Relations, U.S. Department of Labor, Division of Administrative Hearings, and Public Employees Relations Commission. We also counsel clients on day-to-day issues, helping to resolve problems before they develop into litigation. We provide employee and management training, 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, and the drafting of employment contracts.

We are dedicated to addressing all of our clients’ needs, whether it’s advice, claims analysis, investigation, agency response, litigation, mediation, or trial.

Our team defends claims of employment including:

Discrimination based on gender, race, sexual orientation, national origin, religion, retaliation
Harassment under Title VII and the Florida Civil Rights Act.
Americans with Disabilities Act (ADA)
Family and Medical Leave Act (FMLA)
Fair Labor Standards Act (FLSA) (Single plaintiff and collective actions)
Age Discrimination in Employment Act (ADEA)
Public and Private Whistleblower Act
Other federal and state constitutional challenges
Defamation
Battery
Intentional infliction of emotional distress
Workers’ compensation retaliation
Tortious interference with a business relationship
Negligent hiring, retention, and supervision
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, mediation, summary judgment and trial.

Despite Florida being a right to work state, employees have a constitutional right to collectively bargain. When public and private employees decide they want to join together for mutual aid and benefit, and seek to form a union, we help guide employers through the process at the Public Employees’ Relations Commission and into the courts if necessary.

Representation during Union organizing attempts
Negotiate collective bargaining agreements public sector
Grievance and arbitration representation
Impasse representation
Union avoidance campaigns

We work proactively with clients to minimize the risk of costly litigation and prevent problems before they occur. We counsel clients on a day-to-day basis in the following:

Develop and/or review employer workplace policies and performing audits
Performing audits
- FLSA wage and hour
- FLSA worker classification
- Pay equity
- FMLA
- Personnel files
Conducting investigations
- Sexual harassment complaints
- Discrimination and retaliation complaints
- Other employee complaints, including bullying, misconduct, policy violation
On-site education and training
- ADA compliance
- ADA website compliance
- Basic data security
- Impact of medical marijuana laws on employers
- Bullying prevention
- Discrimination prevention
- Sexual harassment prevention
- Compliance with Florida’s public records law
- Compliance with Officers Bill of Rights
- Determining with an employee is an independent contractor
- Documenting and evaluating employee performance
- Conducting investigations
- Social media, email and text message policies

Obtained a defense verdict following a jury trial in federal court on a racial discrimination for a national restaurant chain.
Defended 40 of the 67 school boards in the State of Florida against a federal employment class action in which plaintiffs alleged State scholarship program had disparate impact on teachers based upon race and age. Obtained dismissal of monetary damage claims against the school boards, limiting plaintiffs’ claims to injunctive and declaratory relief, and obtained plaintiffs’ withdrawal of class action allegations against the school boards.
Obtained a defense verdict for a Florida state college involving a race discrimination and hostile work environment claim.
Represented a state college in a gender discrimination and wrongful termination case.
Obtained a defense verdict for a community college in claims of religious discrimination.
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, affirmed by the Eleventh Circuit Court of Appeals.
Obtained a defense verdict for a national bank in a case alleging pregnancy discrimination in federal court.
Handled collective bargaining in the education and public safety arenas including firefighters and school boards
Obtained summary judgment for a nationwide propane company in a case alleging race discrimination and retaliation. Summary judgment affirmed by the Eleventh Circuit Court of Appeals.
Obtained summary judgment rejecting a sexual harassment claim on behalf of a Florida school board, 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.
Obtained summary judgment for employer in a Title VII third party retaliation case filed in the United States District Court for the Northern District of Florida. Summary judgment affirmed by the United States Court of Appeals for the Eleventh Circuit.
Obtain summary judgment for a college in a gender discrimination lawsuit filed by an employee in federal court.
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.
Successfully struck the plaintiff’s pleadings based on spoliation of evidence in a sexual harassment/retaliation lawsuit filed in state court.
Obtained summary judgment for employer in a disability, gender, and age discrimination case filed in the United States District Court for the Northern District of Florida.
Secured a voluntary dismissal with prejudice for a state agency in a case alleging racial discrimination.
Obtained summary judgment for employer on ground of failure to exhaust administrative remedies in a race discrimination case.
A federal judge granted summary judgment in a wage and hour collective action case for a fast food franchise.
Obtained dismissal with prejudice of a Florida Whistleblower’s Act case on the grounds that plaintiff/former employee did not engage in statutorily protected activity.
Obtained dismissal with prejudice of negligent supervision claim on the basis that plaintiff/former employee could not allege an underlying tort recognized by Florida common law.
Plaintiffs/employee and former employee agreed to dismiss with prejudice complaint under Florida Whistleblower’s Act in lieu of responding to motion to dismiss and for attorneys fees.
Obtained no cause determination by the Florida Commission on Human Relations, which found that the charging party/former employee failed to show that her employer had discriminated against her on the basis of gender.
Obtained motion for summary judgment in section 1983 civil rights case alleging our client’s Corporate Medical Director was deliberately indifferent to plaintiff/inmate’s serious medical needs.
Obtained summary judgment in federal court in a reverse race discrimination and retaliation case where Plaintiff was alleging over a million dollars in damages. Allegations were directed at upper level management of the school board.
Obtained summary judgment for school board First Amendment Retaliation Claim and Florida Whistleblower claim.

Employment and Labor

Overview

Attorneys

New Non-Compete Rule May Not Pass But Employers Should Stay On Alert

Hurricanes, Wildfires And Floods, Oh My!, In HR.com

Out with the New: Rescission of DOL 2021 Rule Could Make Independent Contractors Full-Time Employees

When are COVID-19 Policies a “Business Necessity”? The EEOC’s New Guidance on Navigating the Post-Pandemic Workplace

Stranger Things Are Going On: Federal Judge Pulls Florida from First Amendment “Upside Down”

Gender Dysphoria and the ADA: What it Means for Employers

Florida Employers: It’s Hurricane Season—Are You Ready?

What Employers Should Do To Prepare For Natural Disasters

Recent U.S. Supreme Court Decision Alters the Scope of Recoverable Damages Under Anti-Discrimination Statutes Enacted under the Spending Clause

Florida Businesses can do More When Aiding Gig Economy Worker in Emergencies Without Worry of Liability

Employment and Labor

Overview

Services

Litigation

Labor Relations

Counseling and Training

Experience

Attorneys

Related Insights