Joseph Z. Fleming is an experienced litigator and labor and employment lawyer who represents a diverse group of clients, including governmental entities, national and international airlines, utilities companies, land developers, and mining interests in issues of labor and employment matters, workplace safety, hazardous-waste regulatory and insurance matters, environmental and land use, and complex international litigation. In addition, he also works in the entertainment, arts and sports law areas.
Joe has wide-ranging litigation experience in ADA litigation (ADA, Title II and III litigation). His labor and employment practice involves representation of management in matters involving:
•Opposition to union organizational efforts;
•Collective bargaining negotiations;
•Representation in arbitration proceedings and in enforcement of collective bargaining agreements;
•Affirmative action and equal opportunity compliance and related administrative and judicial proceedings;
•Defending management decisions in labor and employment discrimination cases (in civil rights discrimination, age, disability, wage and hour, occupational safety and hazard, workplace environment, defamation, and other labor and employment related claims); and
•Related complex litigation (including the Railway Labor Act, National Labor Relations Act, ERISA and RICO-related litigation).
Areas of Concentration
•Environmental, land use and natural resources
Awards & Recognition
•Listed, The Best Lawyers in America, Employment Law - Management; Entertainment Law - Motion Pictures and Television; Environmental Law; Labor Law - Management; Land Use and Zoning Law; Litigation - Environmental; Litigation - Labor and Employment; Litigation - Land Use and Zoning; Sports Law; Water Law, 1983-2015
•Named, Lawyer of the Year, Environmental Law, Miami, 2015
•Listed, The Legal 500 United States, Labor and Employment - Labor-Management Relations, 2014
•Listed, Chambers USA Guide, National - Employment Law, 2003-2014
•Senior Statesman, 2014
•Listed, The International Who's Who of Management Labor & Employment Lawyers
•Listed, South Florida Legal Guide, Top Lawyers in South Florida, 2004-2005, 2010-2014
•Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2013
•Top 100 Lawyers in Miami, 2013
•Team Member, a Law360 Employment Practice Group of the Year, 2011 & 2013
•Team Member, a U.S. News - Best Lawyers Law Firm of the Year, Entertainment Law - Music, 2011-2012
•Listed, Florida Trend magazine, Legal Elite, Employment Law, 2004-2008, 2010
•Honored, The Florida Audubon Society, The Tropical Audubon Society and 1,000 Friends of Florida and other non-profit organizations for efforts on behalf of conservation and protection of coastal lands in numerous cases including:
•Representation in environmental litigation enabling the protection of Cross Creek;
•Representation in numerous matters including obtaining the first 404(c) Clean Water Act Veto by the EPA of a U.S. Army Corps of Engineers permit; and
•Represented a non-profit entity suing the United States and its agencies, the State of Florida, Dade County and the City of Miami Beach to obtain the right to proceed with an experiment that would eliminate secondary treatment pursuant to the provisions of the Clean Water Act in connection with RITE-Research Improves the Environment v. Costle, 65o F.2d 1312 (5th Cir.1981)
•Honored, Progressive magazine, work on the Miami Beach Art Deco Historic District Preservation Plan and representation in administrative and governmental and judicial proceedings ultimately to enable the protection of the district
•Listed, Who's Who in American Law
•Rated, AV Preeminent 5.0 out of 5 AV, BV, AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Articles, Publications, & Lectures
• Author, Management Law: What are Management's Rights, and How Can They be Used in Your Business Smart Business Miami, October 2005
•Co-Author, Analysis of the National Environmental Policy Act of 1969 (NEPA), Florida Environmental and Land Use Law, Florida Bar, 2004-2005
•Author, Title IX From The Rose Crew to Gutter: The Law and Literature of Sports, 14 Fordham Intellectual Property, Media & Entertainment Law Journal 793, 2004
•Author, The United States: An Analysis of Federal Maritime Commission v. South Carolina Ports Authority, 34 Urban Law 859, Local Government Law of the Urban, State and Local Government Law Section of the American Bar Association, No. 4, Fall 2002
•Author, Mt. Healthy, Causation and Affirmative Defenses, 51 Mercer Law Review 637, Winter 2000
• Lecturer and author of articles relating to labor and employment, environmental and entertainment litigation for The Florida Bar, The American Bar Association and ALI-ABA.
•Lecturer at numerous seminars and author of numerous articles and published chapters in books on labor, employment and environmental law including: Railway Labor Act, Bureau of National Affairs [BNA], International Labor and Employment Law (BNA Supplement).