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The Palm Beach County Personnel Appeals Board is responsible for adjudicating appeals from permanent

status, non-bargaining unit employees regarding discharges and layoffs. Upon an employee’s request, the Board conducts hearings and renders final, binding decisions.

As a Florida Bar Board Certified attorney in Labor and Employment Law, Brett helps public and private sector employers resolve issues in a prompt and efficient manner. Brett is a frequent speaker on labor and employment law and human resources matters and works closely with employers to ensure that their practices comply with federal, state, and local laws.

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Section 3 of the EO, titled “Terminating Illegal Discrimination in the Federal Government,” specifically addresses the federal contracting process and revokes several previous executive orders and memoranda, including Executive Order 11246 (“EO 11246”). Originally established in 1965 by President Lyndon Johnson, EO 11246 prohibited employment discrimination by federal contractors and subcontractors based on race, color, religion, sex, and national origin. EO 11246 also required covered contractors to take affirmative action to ensure equal employment. President Trump’s EO now bars federal contractors from considering race, color, sex, sexual orientation, religion, or national origin in their employment, procurement or contracting practices “in ways that violate the Nation’s civil rights laws.” The EO ultimately eliminates affirmative action plan obligations for federal contractors.

Section 4 of the EO, titled “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences” directs federal agencies, in coordination with the attorney general, to take necessary actions to implement the EO’s principles. Within 120 days, the attorney general, in consultation with agency heads, is required to submit a report with recommendations for enforcing federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. This report must outline key areas of concern within each agency’s jurisdiction, identify the most egregious DEI practices, propose specific measures to deter illegal discrimination, suggest strategies for private sector engagement, and indicate potential litigation and regulatory actions.

It is crucial to note that President Trump’s EO does not alter existing anti-discrimination laws (like Title VII or the Florida Civil Rights Act) or their judicial interpretations. However, we strongly encourage employers, particularly federal contractors, to evaluate their current DEI initiatives and/or programs to ensure potential compliance with the EO.

We will continue to monitor developments regarding this executive order. If you have any questions or concerns about it or other employment-related executive orders, please feel free to reach out to us.

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Florida Trend Media Company’s editorial review team vetted and selected individual attorneys who qualified for inclusion by meeting and exceeding specific methodology and criteria parameters that were put in place for its nomination process. The state’s most influential attorneys were selected after a year-long research initiative by the editors of Florida Trend.

Brett Schneider is the Managing Director of the Boca Raton office and Chair of the firm’s Labor and Employment Division. As a Florida Bar Board Certified attorney in Labor and Employment Law, Brett helps public and private sector employers resolve issues in a prompt and efficient manner. Brett is a frequent speaker on labor and employment law and human resources matters and works closely with employers to ensure that their practices comply with federal, state and local laws.

To view Brett’s full profile in the Notable Labor & Employment Lawyers, please click here.

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Of the 47 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 14 attorneys were recognized as Ones to Watch. 

Best Lawyers has employed the same transparent methodology for more than 35 years, based entirely on peer review. 

The following includes all Firm attorneys named and areas in which they are recognized:

Miami

• Mitchell A. Bierman (Administrative / Regulatory Law, Government Contracts, Government Relations Practice)
• Lillian Arango (Real Estate Law)
• Maria Victoria Currais (Real Estate Law)
• Jeffrey Decarlo (Commercial Litigation, Public Finance Law)
• Alan K. Fertel (Sports Law)
• Chad S. Friedman (Land Use and Zoning Law, Real Estate Law)
• Jessika Arce Graham (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law)
• Edward G. Guedes (Appellate Practice)
• Stephen J. Helfman (Land Use and Zoning Law)
• Juan P. Loumiet (Litigation – Real Estate, Real Estate Law)
• Justin Luger (Commercial Litigation)
• Anthony L. Recio (Land Use and Zoning Law)
• Paul Ryder (Employment Law – Management)
• Clifford A. Schulman (Environmental Law, Land Use and Zoning Law)
• Joseph H. Serota (Commercial Litigation)
• Eduardo M. Soto (Real Estate Law)
• Richard Jay Weiss (Government Relations Practice)
• Laura K. Wendell (Appellate Practice)
• David M. Wolpin (Employment Law – Management, Government Relations Practice)
• Daniela Cimo (Ones to Watch: Land Use and Zoning Law)
• Kelsie Elmer (Ones to Watch: Real Estate Law)
• Roger C. Pou (Ones to Watch: Municipal Law)
• Samantha W. Soto (Ones to Watch: Labor and Employment Law – Management, Litigation – Labor and Employment)
• Alejandro Uribe (Ones to Watch: Land Use and Zoning Law)

Fort Lauderdale

• Daniel L. Abbott (Litigation – Land Use and Zoning)
• Mitchell J. Burnstein (Commercial Litigation, Eminent Domain and Condemnation Law)
• Jamie A. Cole (Commercial Litigation)
• Alicia Gonzalez (Real Estate Law)
• Paul Gougelman (Land Use and Zoning Law)
• Michael J. Kurzman (Construction Law, Litigation – Construction)
• Matthew H. Mandel (Commercial Litigation)
• Eric L. Stettin (Commercial Litigation)
• Susan L. Trevarthen (Land Use and Zoning Law)
• Peter D. Waldman (Eminent Domain and Condemnation Law)
• Isabella Falcon (Ones to Watch: Commercial Litigation)
• Anne Reilly Flanigan (Ones to Watch: Appellate Practice, Civil Rights Law, Commercial Litigation)
• Narinah Jean-Baptiste (Ones to Watch: Municipal Law)
• Bryan C. Siddique (Ones to Watch: Commercial Litigation)
• Alison F. Smith (Ones to Watch: Labor and Employment Law – Management)
• Blayne Yudis (Ones to Watch: Commercial Litigation)

Boca Raton

• Howard D. Dubosar (Commercial Litigation, Litigation – Bankruptcy)
• Andrew S. Maurodis (Land Use and Zoning Law)
• Brett J. Schneider (Employment Law – Management, Labor Law – Union, Litigation – Labor and Employment)
• David N. Tolces (Real Estate Law)
• Ethan Goldstein (Ones to Watch: Commercial Litigation)
• Ryan Hudak (Ones to Watch: Labor and Employment Law – Management)
• Jeremy S. Rosner (Ones to Watch: Commercial Litigation)

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Of the 41 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 12 attorneys were recognized as Ones to Watch. 

Best Lawyers has employed the same transparent methodology for more than 35 years, based entirely on peer review. 

The following includes all Firm attorneys named and areas in which they are recognized:

Miami

• Mitchell A. Bierman (Administrative / Regulatory Law; Government Contracts; Government Relations Practice)
• Lewis R. Cohen (Banking and Finance Law; Real Estate Law)
• Jeffrey Decarlo (Commercial Litigation)
• Ignacio G. Del Valle (Real Estate Law)
• Alan K. Fertel (Sports Law)
• Chad S. Friedman (Land Use and Zoning Law)
• Edward G. Guedes (Appellate Practice) 
• Stephen J. Helfman (Land Use and Zoning Law)
• Juan P. Loumiet (Litigation – Real Estate; Real Estate Law)
• Justin Luger (Commercial Litigation)
• Paul Ryder (Employment Law Management)
• Clifford A. Schulman (Environmental Law, Land Use and Zoning Law)
• Joseph H. Serota (Commercial Litigation)
• Eduardo M. Soto (Real Estate Law)
• Richard Jay Weiss (Government Relations Practice) 
• Laura Wendell (Appellate Practice)
• David M. Wolpin (Employment Law – Management; Government Relations Practice)
• Jake Bland (Ones to Watch: Commercial Litigation; Litigation – Construction)
• Daniela Cimo (Ones to Watch: Land Use and Zoning Law)
• Roger C. Pou (Pnes to Watch: Municipal Law)
• Caroline G. Saiz (Ones to Watch: Litigation – Labor and Employment)
• Samantha W. Soto (Ones to Watch: Labor and Employment Law – Management; Litigation – Labor and Employment)
• Alejandro Uribe (Ones to Watch: Land Use and Zoning Law)

Fort Lauderdale

• Mitchell J. Burnstein (Commercial Litigation; Eminent Domain and Condemnation Law)
• Jamie A. Cole (Commercial Litigation)
• Paul R. Gougelman (Land Use and Zoning Law)
• Michael J. Kurzman (Construction Law; Litigation – Construction)
• Matthew H. Mandel (Commercial Litigation)
• Eric L. Stettin (Commercial Litigation)
• Susan L. Trevarthen (Land Use and Zoning Law)
• Peter D. Waldman (Eminent Domain and Condemnation Law)
• Anne R. Flanigan (Ones to Watch: Appellate Practice; Civil Right Law; Commercial Litigation)
• Narinah Jean-Baptiste (Ones to Watch: Municipal Law)
• Scott Mullin (Ones to Watch: Commercial Litigation)
• Alison F. Smith (Ones to Watch: Labor and Employment Law – Management)

Boca Raton

• Howard D. DuBosar (Commercial Litigation)
• Andrew S. Maurodis (Land Use and Zoning Law)
• Brett J. Schneider (Litigation – Labor and Employment, Employment Law – Management)
• Harrison R. DuBosar (Ones to Watch: Appellate Practice; Commercial Litigation) 
• Ryan Hudak (Ones to Watch: Labor and Employment Law – Management)

Tampa, FL

• Sarah L. Johnston (Government Relations Practice)

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The PWFA expands upon existing federal laws prohibiting pregnancy discrimination.  Specifically, pregnancy discrimination is already prohibited by Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended by the Pregnancy Discrimination Act, which requires covered employers to treat employees affected by pregnancy, childbirth, or related medical conditions the same as other similarly situated employees. Additionally, the Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees with certain conditions related to pregnancy if that condition qualifies as a disability, such as diabetes that develops during pregnancy.  However, many other common pregnancy-related conditions are not covered under the ADA.  

The PWFA extends protections similar to those provided under the ADA to employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions.  According to recent guidance from the U.S. Equal Employment Opportunity Commission (“EEOC”), examples of possible reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions may include:

• The ability to sit or drink water; 
• Closer parking; 
• Flexible hours; 
• Appropriately sized uniforms and safety apparel; 
• Additional break time to use the bathroom, eat, and rest; 
• Leave or time off to recover from childbirth; and 
• Being excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. 

Under the PWFA, covered employers will also be prohibited from:

• Requiring an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer;
• Denying a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation;
• Requiring an employee to take leave if another reasonable accommodation can be provided that would allow the employee to continue working;
• Retaliating against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation); or
• Interfering with any individual’s rights under the PWFA.
• In light of new law, covered employers may want to consider taking the following actions:
• Analyzing potential accommodations that could be provided to pregnant employees for known limitations;
• Conducting training for human resources personnel and supervisors to ensure they understand how to appropriately respond to accommodation requests; and
• Reviewing and updating accommodation policies to ensure compliance with the PWFA.

The EEOC will begin accepting charges under the PWFA on June 27, 2023. 

Should you have any questions about the Pregnant Workers Fairness Act, please feel free to contact any member of our Labor and Employment team.

The information contained in this document does not constitute legal advice.

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Under the Safety in Private Spaces Act, a covered entity that maintains a restroom and/or changing facility, must at a minimum, have a restroom and/or changing facility designated for exclusive use by females and for exclusive use by males. The Act defines a person’s sex as, “indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.” A covered entity may have unisex restrooms and changing facilities, though it must only be intended for a single occupant or a family. In a unisex restroom, a covered entity will be required to ensure that the restroom is enclosed by floor-to-ceiling walls and is accessed by a full door with a secure lock that prevents another individual from entering while being used. 

The Act provides the following limited circumstances for a person to enter a restroom or changing facility designated for the opposite sex:

• To accompany another person to chaperone a child under the age of 12;
• To accompany an elderly or disabled person, as defined by Florida Statutes Section 825.101 and 760.22;
• For law enforcement purposes; 
• For emergencies (medical or otherwise); and
• For custodial, maintenance, or inspection purposes.

Under the Act, the applicable governmental entity for each public building under its jurisdiction will need to establish disciplinary procedures for any employee of the governmental entity who unlawfully enters a restroom (employee restroom or public restroom) or changing facility and refuses to depart when asked to do so. A person who unlawfully enters a restroom or changing room in a public building and refuses to depart when asked to do so by an employee of the governmental entity for the public building will have committed the criminal offense of trespass as provided by Florida Statute Section 810.08. On July 1, 2024, members of the public will be permitted to submit complaints to the Attorney General relating to covered entities that fail to meet the specific requirements under the Act. 

A covered entity that fails to comply with the requirements of the Act is subject to penalties and to licensure or regulatory disciplinary action, as applicable. The penalties detailed in the Act include the Attorney General bringing a civil action to enforce the Act against any covered entity beginning on July 1, 2024. Specifically, the Attorney General may seek injunctive relief. If a covered entity is found to have willfully violated the Act, the Attorney General may seek to impose a fine of up to $10,000.  

The following covered entities will be required to submit documentation to its applicable governing body detailing their compliance with the Act within one year after being established, or if such covered entity was established before July 1, 2023, then no later than April 1, 2024:  

• Correctional institutions; 
• Detention facilities; 
• K-12 educational institutions or facilities;
• State universities;
• Postsecondary educational institutions or facilities; and
• Juvenile correctional facilities or juvenile prisons. 

We anticipate that the constitutionality of the new law will be challenged pursuant to the Equal Protection Clause of the Florida Constitution. Nonetheless, all covered entities should be prepared to comply with the provisions in the Act beginning on July 1, 2023. 

Should you have any questions about the Safety in Private Spaces Act, please feel free to contact any member of our Labor and Employment team.

The information contained in this document does not constitute legal advice

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Super Lawyers recognizes distinguished attorneys who have undergone a rigorous screening process and who are ultimately selected for inclusion in their annual list of exceptional legal professionals. Published by Thomson Reuters, Super Lawyers is a rating service of attorneys from more than 70 practice areas and determines its rankings through independent research, peer nominations, and peer evaluations. Only the top 5 percent of outstanding lawyers in Florida are rated by Super Lawyers, while no more than 2.5 percent of lawyers under 40 years old or who have practiced for fewer than 10 years are selected as Rising Stars.

The Firm’s recognized attorneys are listed below.

Miami

Recognized as Super Lawyers

• Mitchell A. Bierman
• Alan K. Fertel
• Edward G. Guedes
• Joseph H. Serota

Recognized as Rising Star

• Justin D. Luger
• Richard Rosengarten

Fort Lauderdale

Recognized as Super Lawyers

• Mitchell J. Burnstein
• Jamie A. Cole
• Susan Trevarthen
• Peter D. Waldman

Recognized as Rising Stars

• Candice Balmori
• Anne Reilly Flanigan
• Alicia Gonzalez
• Chanae L. Wood

Boca Raton

Recognized as Super Lawyers

• Howard D. DuBosar
• Alen H. Hsu
• Brett J. Schneider

Recognized as Rising Stars

• Harrison R. DuBosar

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Brett stated that it is legal for companies to install software on employees’ computers to track productivity, but he recommended companies let their workers know that their digital activity is being monitored.

As a Florida Bar Board Certified attorney in Labor and Employment Law, Brett helps public and private sector employers resolve issues in a prompt and efficient manner.

Click here to read the full interview.

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