Paul Ryder – Weiss Serota Helfman Cole + Bierman https://www.wsh-law.com At the Crossroads of Business, Government & the Law Thu, 15 Aug 2024 15:21:06 +0000 en-US hourly 1 WSHC+B Attorneys Selected for Inclusion in the Best Lawyers in America 2025 https://www.wsh-law.com/news-updates/wshcb-attorneys-selected-for-inclusion-in-the-best-lawyers-in-america-2025/#utm_source=rss&utm_medium=rss Thu, 15 Aug 2024 15:21:06 +0000 https://www.wsh-law.com/?p=11292 Congratulations to all our attorneys who have been recognized by their peers for inclusion in the 2025 edition of The Best Lawyers in America©.  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 […]

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]]> Congratulations to all our attorneys who have been recognized by their peers for inclusion in the 2025 edition of The Best Lawyers in America©. 

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

Fort Lauderdale

Boca Raton

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]]> WSHC+B Attorneys Selected For Inclusion In The Best Lawyers In America 2024 https://www.wsh-law.com/news-updates/wshcb-attorneys-selected-for-inclusion-in-the-best-lawyers-in-america-2024/#utm_source=rss&utm_medium=rss Thu, 17 Aug 2023 19:02:12 +0000 https://www.wsh-law.com/?p=10645 Congratulations to all our attorneys who have been recognized by their peers for inclusion in the 2024 edition of The Best Lawyers in America©.  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 […]

The post WSHC+B Attorneys Selected For Inclusion In The Best Lawyers In America 2024 appeared first on Weiss Serota Helfman Cole + Bierman.

]]> Congratulations to all our attorneys who have been recognized by their peers for inclusion in the 2024 edition of The Best Lawyers in America©. 

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

Fort Lauderdale

Boca Raton

Tampa, FL

The post WSHC+B Attorneys Selected For Inclusion In The Best Lawyers In America 2024 appeared first on Weiss Serota Helfman Cole + Bierman.

]]> Collective Bargaining Negotiations During the COVID-19 Public Health Crisis https://www.wsh-law.com/covid-19/collective-bargaining-negotiations-during-the-covid-19-public-health-crisis/#utm_source=rss&utm_medium=rss Fri, 24 Apr 2020 19:59:35 +0000 https://www.wsh-law.com/?p=6719 As the COVID-19 health crisis continues to necessitate social distancing, we have more closely examined whether municipalities and unions representing municipal bargaining units may engage in collective bargaining negotiations remotely.  Upon further examination, it is our opinion that remote negotiations may be conducted provided certain conditions are met. Chapter 447 of the Florida Statutes provides […]

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]]> As the COVID-19 health crisis continues to necessitate social distancing, we have more closely examined whether municipalities and unions representing municipal bargaining units may engage in collective bargaining negotiations remotely.  Upon further examination, it is our opinion that remote negotiations may be conducted provided certain conditions are met.

Chapter 447 of the Florida Statutes provides that “the collective bargaining negotiations between a chief executive officer, or his or her representative, and a bargaining agent shall be in compliance with the provisions of s. 286.011 [Florida Statutes].” Section 447.605(2), Florida Statutes.

Section 286.011, Florida Statutes, states in pertinent part:

(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution . . . at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.

(2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state.

The foregoing provision historically has been interpreted to require that public meetings under Section 286.011, Florida Statutes be held in person.  On March 17, 2020, Governor Ron DeSantis sought guidance from Florida Attorney General Ashley Moody as to “whether, and to what extent, local government bodies may utilize teleconferencing and/or other technological means to convene meetings and conduct official business, while still providing public access to those meetings.”  In AGO 2020-03, AG Moody responded with the following opinion:

Under existing law that, if a quorum is required to conduct official business, local government bodies may only conduct meetings by teleconferencing or other technological means if either (1) a statute permits a quorum to be present by means other than in person, or (2) the in-person requirement for constituting a quorum is lawfully suspended during the state of emergency. If such meetings are conducted by teleconferencing or other technological means, public access must be afforded which permits the public to attend the meeting. That public access may be provided by teleconferencing or technological means.

Id. (underline added for emphasis).  Following the issuance of AGO 2020-03, Governor DeSantis issued Emergency Order 20-69[1] (“EO 20-69”), which states in pertinent part:

Section 1. I hereby suspend any Florida Statute that requires a quorum to be present in person or requires a local government body to meet at a specific public place.

Section 2. Local government bodies may utilize communications media technology, such as telephonic and video conferencing, as provided in Section 120.54(5)(b)2., Florida Statutes.

Section 3. This Executive Order does not waive any other requirement under the Florida Constitution and “Florida’s Government in the Sunshine Laws,” including Chapter 286, Florida Statutes.

Pursuant to EO 20-69, local government bodies have been using telephones and video conferencing to establish a quorum and to conduct public meetings while respecting applicable Emergency Orders and public safety directives implemented in response to the COVID-19 public health crisis (encouraging social distancing to avoid public gatherings where possible).

EO 20-69 addresses meetings of a “governing body” or board that require a quorum to be present when official acts or actions are to be taken.  Although collective bargaining negotiations are not meetings of “government bodies” and do not necessitate a quorum of any sort to conduct negotiations, we believe that Sections 1 and 2 of EO 20-69 can be interpreted to permit collective bargaining negotiations to occur without the physical presence of participants at a specific public place provided that negotiations occur via the forms of technology referenced in Section 2 of EE 20-69 and as provided in Section 120.54(5)(b)2, Florida Statutes.

Based on the foregoing, we have determined that municipalities may engage in collective bargaining negotiations with unions representing municipal bargaining units provided the other requirements of Section 286.011, Florida Statutes are met.  In particular, collective bargaining negotiations may be conducted virtually (such as by video conference), provided that (1) proper notice is provided to the public in advance of the scheduled bargaining negotiations; (2) access to the bargaining negotiations is made available to members of the public; and (3) meeting minutes of bargaining negotiations are recorded/prepared.  However, each public employer should be cognizant of any of its own local ordinances, resolutions and/or rules that may need to be considered when noticing and/or conducting collective bargaining negotiations using any remote meeting options.

Should you have any questions about this matter, please feel free to contact any member of our Labor and Employment Division.

[1] EO 20-69 is set to expire on May 8, 2020, unless extended by the Governor.

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]]> H.R. 6201 – Families First Coronavirus Response Act https://www.wsh-law.com/covid-19/h-r-6201-families-first-coronavirus-response-act/#utm_source=rss&utm_medium=rss Wed, 18 Mar 2020 22:44:29 +0000 http://wsh.aplussclients.com/?p=5837 On Friday, March 13, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response Act (the “Act”). If passed by the U.S. Senate, the Act will have ramifications on employers throughout the Country. Although a Senate vote is not yet scheduled, a vote is expected in the coming days. We will continue to keep you updated as to any potential amendments to the Act.

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]]> By: Brett Schneider, Paul Ryder and Brooke Ehrlich (Labor & Employment Division)

On Friday, March 13, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response Act (the “Act”). If passed by the U.S. Senate, the Act will have ramifications on employers throughout the Country. Although a Senate vote is not yet scheduled, a vote is expected in the coming days. We will continue to keep you updated as to any potential amendments to the Act.

The charts below summarize the benefits proposed by the version of HR 6201 issued on March 13, 2020.

  1. Additional Paid Sick Time Off During Public Health Emergency
Benefit: Who pays? Who is entitled? When? Additional details:
2 weeks of paid sick time (to allow for 14 continuous days off from work without a reduction in pay). Employers with less than 500 employees and government employers. Employers with fewer than 50 employees can seek a hardship exemption.[1] During a declared public health emergency, full-time and part-time employees:

  • who have a physical or mental illness, injury, or medical condition or is seeking medical care;
  • whose place of employment is closed due to the public health emergency;
  • who must be quarantined to prevent exposure;
  • who must care for someone who is infected;
  • who are quarantined;
  • whose place of work or children’s school is closed due to the public health emergency.
 Employees may use the sick time immediately upon passage of the bill (without a waiting period), following declaration of a public health emergency. For full-time salaried employees, the paid sick time must be equal to their current pay for 14 continuous days. For part-time or hourly employees, the paid sick time must be equal to the number of hours that the employee was scheduled to work or, if not scheduled, the amount which they would regularly work in a 14 day period.[2]

 

 

  1. Paid Sick Time Accruals
Benefit: Who pays? Who is entitled? When? Additional details:
1 hour of earned paid sick time for every 30 hours worked, not to exceed 56 hours annually (unless the employer chooses to set a higher limit). This does not add any sick time accruals to employers who already have a paid sick leave program that exceeds these new requirements. Employers with less than 500 employees and government employers. Full-time and part-time employees.[3] Employees are entitled to use the earned paid sick time starting on the 60th day after commencing employment. This earned paid sick time carries over from 1 year to the next, however the employer is not required to permit an employee to earn more than 56 hours at a given time.

Employers are not required to pay employees their earned sick time upon separation.

 

  1. Emergency FMLA Leave
Benefit: Who pays? Who is entitled? When? Additional details:
Up to 12 weeks of leave during the public health emergency related to the coronavirus.[4] Under this expansion to FMLA, the employer is not required to pay to the employee on leave.   However, an employee could use their accrued leave (if any) per the employer’s FMLA policy. Employees (of employers with 50 or more employees):

  • who have been diagnosed with Covid-19
  • are quarantined to prevent the spread of Covid-19
  • are caring for another who has Covid-19 (or are also under quarantine), or
  • are caring for a child or other individual who is unable to care for themselves due to the Covid-19-related school closing.

 

 Employees who have been employed for at least 30 days. Only in effect for a 2 year period after the enactment date.

Leave may not be taken intermittently.

Includes an expanded definition of “parent.”

The employer is not required to restore the employee to their position if it no longer exists due to economic conditions.

 

  1. Emergency Leave Pay
Benefit: Who pays? Who is entitled? When? Additional details:
Payment of 2/3 of an employee’s average monthly earnings for 3 months, up to cap of $4,000. US Commissioner of Social Security. Full and part-time employees who are unable to work (and are not receiving compensation from their job) because they:

  • have been diagnosed with Covid-19
  • are quarantined to prevent the spread of Covid-19
  • are caring for another who has Covid-19 (or are also under quarantine), or
  • are caring for a child or other individual who is unable to care for themselves due to the Covid-19-related school closing.
 Individuals who had wages or self-employment income during the 30 day period ending on the first emergency leave day. The benefit period begins on Jan. 19, 2020 and ends on the date that is 1 year after the bill’s enactment date.

[1] Employers with 50 or fewer employees may seek reimbursement from the Secretary of Treasury for the costs of providing the 2 weeks of additional paid sick leave.

[2] The portion of the bill includes an enforcement mechanism, making it unlawful for a covered employer to restrain or deny the exercise of any right provided under the Act. It also makes it unlawful to consider taking paid sick time as a negative factor in any employment action or to count the paid sick time under a no-fault attendance policy or any other absence control policy. An aggrieved individual may assert a cause of action against any employer who violates these provisions and seek injunctive relief, damages (in the form of wages, salary, employment benefits, or other compensation) plus interest, liquidated damages, equitable relief, and attorney’s fees and costs.

[3] If an employee’s normal workweek is less than 40 hours, the employee shall earn paid sick time based upon their normal workweek.

[4] Employees are only entitled to 12 workweeks of leave during any 12 month period (i.e. this is not in addition to any other FMLA leave).

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