Blog – South Florida Trial Practice

To successfully navigate South Florida’s court system, it’s key to have a trusted team of experienced trial litigators to help you tackle complex legal issues throughout the region. Dori is a regular contributor to the South Florida Trial Blog, she posts on topics related to employment discrimination and harassment, including new court decisions and legislation, compliance, best practices, interesting trends in workplace relations and employment-related issues affecting Florida employers.

Recent Blog Posts

  • Happy New Year! – Florida’s Minimum Wage to Rise in 2017 Happy New Year!  Also, its time for Florida employers to pay attention to the new 2017 Florida minimum wage.  As of January 1, 2017, Florida’s minimum wage will rise from the current rate of $8.05 per hour to $8.10 per hour. Under Florida Statute § 448.110 4(a) and (b), the Florida Department of Economic Opportunity must calculate Florida’s minimum wage based upon the increase, if any, in the Federal Consumer Price Index for Urban Earners and Clerical Workers in the southern... More
  • HB2 – Trying to Flush It Down the Drain By many accounts, North Carolina has lost in excess of $400 million in business revenue (and a whole lot of basketball games) due to HB2.  HB2, for those who don’t know, is the controversial law that limited who could use which bathrooms and was the subject of fierce protests by many in the LGBTQ communities.  HB2 also limited state level discrimination claims (later rescinded by the legislature) and restricted the ability of local municipalities to raise the minimum wage. Now, Charlotte City... More
  • On-Call Scheduling – On the Way Out? News today that New York Attorney General Eric Schneiderman has reached agreements with several large retail companies to limit on-call scheduling of employees.  On-call scheduling has been a way for large companies with fluctuating staffing needs to schedule employees depending on weather, holidays, shopper volume, etc.  However, many employee rights’ organizations have lobbied against what they see as an unfair practice since on-call scheduling may make cause employees difficulties in scheduling transportation, child care, school/classes, or other employment. While Florida does not have... More
  • North Carolina Revisits and Revises HB2 Three months ago, I posted about North Carolina’s HB2 (the transgender bathroom bill that is still garnering headlines) and that many had overlooked a big change to North Carolina’s discrimination law separate and apart from bathrooms.  As I pointed out in my prior post, lost in the protests over the bathroom issues was the fact that all North Carolina citizens had lost the private right of action to file a state level discrimination claim for race, religion, color, age, biological... More
  • It Was Only a Matter of Time – DEA Revisiting Federal Status of Marijuana 23 states, plus the District of Columbia and Guam permit some form of medical marijuana use.  And, there are various medical marijuana ballot provisions, including currently in Florida, which likely will lead to more states permitting medical marijuana after this November’s election. Despite the overwhelming change of law at the state level, federal law still classifies marijuana as a Schedule I drug.  Schedule I drugs are defined as having “no currently accepted medical use and a high potential for abuse.”  So, its... More
  • North Carolina Turns Back the Clock on Discrimination Claims There has been a ton of news coverage regarding North Carolina’s new bathroom access law included within HB-2.   I’ve written several posts on bathroom access and employment litigation regarding bathroom access.  See my posts here (OSHA guidance on bathroom access), here (EEOC settlement of litigation which included bathroom access claims), here (11th Circuit Court of Appeals overturned summary judgment in favor of employer in discrimination claim that involved restroom access), here (addressing Houston’s bathroom access ordinance) and here (litigation involving Hobby Lobby that included... More
  • Busted Bracket – March Madness Gambling Could Lead to Florida Whistle-blower Lawsuits March madness, sweet sixteen games start tonight.  Here is a post from a couple of years ago with some good reminders regarding risks of betting pools in the workplace.  Also, go Terps! ______________ Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or [email protected] ... More
  • Duty to Accommodate – Medical Marijuana As I previously posted, medical marijuana has made Florida’s 2016 ballot and is likely to pass muster this time around (in 2014 medical marijuana received 58% of the Florida vote, falling just short of the 60% necessary to pass). So, assuming that Florida employers will soon be faced with questions from medical marijuana using employees lets explore whether Florida employers will have a duty to accommodate such employees.  Like with many new laws, litigation over the question will eventually give us... More
  • Medical Marijuana Makes Florida 2016 Ballot Medical marijuana, which narrowly failed to pass (with 58% support, less than the 60% required) in 2014, will be back on the 2016 ballot.  The group supporting the medical marijuana initiative has now collected the required number of verified signatures. Most experts expect the medical marijuana initiative to pass this time around since it will be on the ballot during a presidential election year which, normally, increases voter turn-out. Check back, as I’ll be posting more on what Florida employers need to... More
  • More Potty Police Activities Following up on my prior potty posts here and here, the Equal Employment Opportunity Commission (“EEOC”) has recently settled a lawsuit involving a transgender employee which involved claims that the employee, Britney Austin, was not permitted to use the women’s restroom. Ms. Austin will receive $115,000 as part of the settlement.   While this case was about more than which bathroom Ms. Austin was permitted to use while at work, the consent decree between the EEOC and employer specifically provides that the employer... More