Practice Areas & Industries: Akerman Senterfitt

Practice/Industry Group Overview

There is no doubt about it. Being an employer is risky business. The laws governing employment relationships are many, and sometimes it seems like no matter how hard you try, there's always a lawsuit pending.

The attorneys in our group, which exclusively represents management's side of a dispute, have proven that companies can limit the number of actions taken against them and can minimize the cost of lawsuits, settlements, and penalties.

As attorneys experienced in employment litigation, and with a deep understanding of the applicable statutes, administrative procedures, and prior court decisions, we are able to minimize staff and research time. We get to the heart of any matter quickly.

With confidence earned through dozens of successful trials, we will oppose plaintiffs, administrative agencies, the Equal Employment Opportunity Commission, the Department of Labor, and other plaintiffs as required. When compared to commercial litigation, a surprisingly high percentage of employment cases make it to court, giving us well-honed trial skills. The listing below details the areas of law under which we routinely litigate.

Services Available

Clients for whom we take on advocacy and trial work include some of Florida's most significant corporations, as well as municipalities, which have their own standards for disciplining and terminating employees.

Our many successful cases have helped us to become approved panel counsel for a number of insurance companies regarding, among others, claims on sexual harassment, ADA, and the full range of discrimination.

In our initial engagement, we'll examine your organization's history of employment-related claims. If a pattern of repetitive actions exists, we'll consult on the feasibility of developing an overall strategy for dealing with them. Frequently, such a strategy involves establishing a long-term compliance program as a first step. Our compliance consulting practice helps a great many firms to establish proactive policies and procedures that ward off litigation.

Because employees wishing to sue have to first seek a positive finding from the appropriate administrative agency, we maintain cooperative working relationships with all relevant government agencies. We have earned their respect, which helps us in our quest for a "no cause determination." It is also a valuable asset when we oppose them in court, should we disagree with their finding.

We are ourselves a diverse group, including Hispanic, female, African American, Asian-Indian, and differently-abled individuals, a surprisingly rare distinction in our field, and one which helps us to better understand the matters we handle as well as achieve the results desired.

• Title VII: race, sex, national origin, religion, sexual harassment (includes class actions)
• Americans with Disabilities Act (ADA): employment and workplace accessibility
• Age Discrimination in Employment Act (ADEA)
• Florida Civil Rights Act (FCRA)
• Family Medical Leave Act (FMLA)

• Fair Labor Standards Act (FSLA) (includes class action)

It is always more cost-effective to manage the relationships between employers and employees proactively than to deal with the costs and disruptions of legal actions. While our department does manage a great deal of employment-related litigation, we also have one of the most substantial compliance counseling practices in Florida.

Consider two hypothetical companies. Company A has a clearly defined policy against a sexually hostile workplace. Company B does not. Each has an employee who claims that she has been repetitively confronted with sexually oriented materials and conversation, causing depression and impairing her ability to perform to standards. Both companies take the claims seriously, investigate thoroughly, and take prompt remedial action.

Company A is in a far better position, legally and factually, to defend itself. Company B, on the other hand, will likely face the possibility of a costly settlement or a drawn out legal defense. We have helped many firms become like Company A, with demonstrable legal results to show for it.

Following a 1998 Supreme Court decision, the legal formula described above (having a sexual harassment policy, investigating all claims, and promptly taking appropriate remedial action) was applied to many different kinds of discrimination cases, including race, disability, nationality, age, and religion. This was a decision we had anticipated and therefore was one for which, in 1993, we had begun to prepare our clients. Our foresight has saved our clients a great deal of money and trouble. And is a good example of why so many clients have retained us to consult on labor and employment compliance matters.

Following are some examples of other areas where our knowledge and experience can be an invaluable asset to your organization.

There is a right way and a wrong way to minimize your exposure in a workforce reduction. In the barest form it involves objective criteria that you follow in compiling the layoff list and an adverse impact study that you perform before implementing the plan. As in many areas involving employment law, we cannot prevent an employee from filing a complaint. But, our advance consultation can make it defensible through the establishment of policies that comply with existing rules. And while we will not tell you how to run your business, we will make sure you know what the laws are, help you assess the risks and potential liabilities involved, and then let you decide how aggressive to be in regard to any particular termination.

Because Florida is a "right to work" state, unions are not as prevalent here as elsewhere. Nevertheless, under federal law, workers do have the right to form unions, and companies have the right, and sometimes the responsibility with regard to shareholders' interests, to oppose them.

We can counsel your managers and executives on union avoidance techniques to mitigate the factors that lead to nascent union movements in the first place. But should the matter reach the stage where a vote is scheduled, we also can provide experienced assistance in developing a campaign to oppose the union. And in the event that a union already exists, we can help you negotiate and write the most favorable possible terms for the collective bargaining agreement. We also can defend the firm against unfair labor practice charges and help to prevent or shut down secondary boycotts.

Our practice also consults with the firm's mergers and acquisition lawyers in due diligence efforts to account for labor issues, potential claims, and ongoing litigation. Part of our due diligence includes review of existing employment contracts, non-compete agreements, and proprietary information agreements. We also assess hourly wage-related liabilities, because improper classification, revolving around the question "Who is an exempt employee?" could be an employer's single largest source of labor-related liability.

In addition to the above, we also

• Manage workers' compensation issues
• Review and establish affirmative action programs under Executive Order 11246
• Prepare employment agreements, especially where non-compete and trade secret matters are concerned (for this we routinely consult with attorneys from our substantial intellectual property group)
• Write policy and procedure handbooks
• Perform a host of other services whose overall effect is to limit your legal exposure and minimize your legal costs.

With 30 years of experience statewide, and 30 attorneys in the practice, we are able to staff a matter with people at the proper levels.

Clients:
United States Sugar Corporation, City of Boca Raton, Iberia Airlines of Spain , Mastec, Inc, Sheridan Healthcare, Inc., Associated Grocers of Florida, Marriott International, The Ritz-Carlton , Call One, Inc., Steak N Shake Operations, Inc., The American Schools, AutoNation, Compusa, , Republic Services, ANC Rental Corporation , Dothan Security, Inc., American Online, Inc., HomeSide Lending, Paxis LLC, United Dominion Realty Trust, Inc., Winn Dixie Stores, Inc.