The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Labor And Employment Law

Private Sector Florida Whistleblower Act Opposition Claims: Is An Actual Violation Required To Be Engaged in Statutorily Protected Activity?

Labor and Employment Law
The employer-employee relationship is contractual in nature.1 Absent an express agreement or statutory provision to the contrary, the employment relationship...

Practicing to Deceive: Using the Doctrine of Judicial Estoppel to Untangle the Web in Employment Cases, Part II

Labor and Employment Law
In the last issue, part one of this article focused on the current status of the doctrine of judicial estoppel,...

Practicing to Deceive: Using the Doctrine of Judicial Estoppel to Untangle the Web in Employment Cases, Part I

Labor and Employment Law
Picture it:1 Miami, Florida, 2014. A practitioner is defending a case of disability discrimination under the ADA. In preparing for...

Practical Implications of Murphy Oil on Employee Waivers: An Ecological Disaster or a Dissenter’s Pipeline to Freedom?

Labor and Employment Law
This coming July will mark the 80th anniversary of the passage of the Wagner Act, signed into law by President...

Student Athletes as Employees?

Labor and Employment Law
The first American intercollegiate sporting event took place in 1852 when rowing teams from Yale and Harvard went head-to-head in...

Internships and the FLSA

Labor and Employment Law
The use of internships, both within and outside the framework of higher education, has grown significantly in recent years. According...

Obtaining Attorneys’ Fees in Florida Arbitrations: The Slowly Changing Law

Labor and Employment Law
With the enactment of state and federal arbitration legislation, as well as appellate court opinions interpreting that legislation, there is...

Religious Accommodation in the Workplace: The Devil is in the Detail

Labor and Employment Law
As a leader in technology, Circle 9 Corporation installed new time and attendance biometric hand scanners, which replaced traditional timesheets....

When Must a Dispute Be Submitted to Arbitration? Who Makes the Call?, Part II

Labor and Employment Law
A recurring question in arbitration law is who is empowered to determine if parties are required to arbitrate a particular...

When Must a Dispute Be Submitted to Arbitration? Who Makes the Call?, Part I

Labor and Employment Law
Part one of this article deals with the questions of when an arbitration agreement is enforceable. Part two will discuss...