Florida District Court’s Preliminary Injunction Blocking The Stop Woke Act Affirmed By Appellate Court -
On March 4, 2024, the Eleventh Circuit Court of Appeals upheld the district court’s injunction, effectively blocking...more
3/12/2024
/ Anti-Discrimination Policies ,
Appeals ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Ethics ,
First Amendment ,
Florida ,
Free Speech ,
Governor DeSantis ,
Moral Rights ,
Political Speech ,
Preliminary Injunctions ,
Public Policy ,
State Bans ,
Stop Woke Act ,
Unconstitutional Condition
The 2024 Florida Legislative Session is officially in full swing. Below is a list of proposed bills that, if passed, may affect employers moving forward. The Employment team at RumbergerKirk will continue to monitor all...more
2/5/2024
/ Crime Victims ,
Gender Identity ,
Hairstyle Discrimination ,
Health Care Providers ,
Healthcare ,
Medical Marijuana ,
Mental Health ,
Military Leave ,
Minor Children ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Proposed Legislation ,
Restrictive Covenants
How will the Eleventh Circuit’s Ruling In Adams – Separate Is Equal for Public School Bathrooms – Affect Constitutionality of Florida Statute Prohibiting Transgender Girls from Participating in Designated Public School Girl’s...more
The Fair Labor Standards Act (FLSA) guarantees that covered employees receive overtime pay when they work more than 40 hours a workweek. An employee is exempt from the overtime requirement if he or she works “in a bona fide...more
Eleventh Circuit Says School’s Policy of Assigning Bathrooms Based on Biological Sex Does Not Violate U.S. Constitution -
The issue on appeal for the Eleventh Circuit to decide was whether separating the use of male and...more
1/13/2023
/ Bostock v Clayton County Georgia ,
Educational Institutions ,
Equal Protection ,
Gender Identity ,
LGBTQ ,
Non-Discrimination Rules ,
Public Schools ,
Restroom Legislation ,
School Restrooms ,
SCOTUS ,
Title IX
Approved on April 22, 2022, and effective July 1, 2022, Governor DeSantis signed into law certain amendments to Florida’s Education Code and Florida’s Civil Rights Act. These amendments, officially known as House Bill 7 have...more
8/25/2022
/ American Civil Liberties Union (ACLU) ,
Civil Rights Act ,
Due Process ,
Fair Credit Reporting Act (FCRA) ,
First Amendment ,
Florida ,
Fourteenth Amendment ,
Free Speech ,
Governor DeSantis ,
Preliminary Injunctions ,
Stop Woke Act ,
Unconstitutional Condition
Non-compete and confidentiality clauses have long been a fixture in employment agreements in Florida. However, there has been some dissention as to whether such restrictive covenants continue to apply where an employment...more
School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination....more
4/26/2021
/ Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
School Boards ,
School Restrooms ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Students ,
Title IX ,
Transgender
Legislation Would Allow Schools and Colleges to Request a Health Exam to Verify Student’s Sex -
The Florida legislature has entered into the fray regarding whether transgender athletes can compete in sports at their public...more
4/20/2021
/ Colleges ,
Florida ,
Gender Identity ,
Injunctive Relief ,
Legislative Agendas ,
LGBTQ ,
Public Schools ,
Regulatory Agenda ,
Regulatory Standards ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Student Athletes ,
Transgender ,
Universities
President Biden is expected to sign the American Rescue Plan Act of 2021 (“ARPA”) by March 14, 2021. The new law was proposed in response to the coronavirus pandemic and is intended to be another stimulus bill aimed at the...more
In January of 2021, the Fourth District joined the Third District and ruled that a pre-injury release executed by a student-athlete and their parent is enforceable in a tort action arising from injuries resulting from...more
In Barnett v. State Department of Financial Services, No. SC19-87, ––– So.3d ––––, 2020 WL 5667286 (Fla. Sept. 24, 2020), the Florida Supreme Court ruled that when multiple claims of injury are brought against the State (or...more
2/3/2021
/ Department of Children and Families (DCF) ,
Doctrine of Limited Waiver ,
FL Supreme Court ,
Florida ,
Liability Caps ,
Mass Shootings ,
Negligence ,
Sovereign Immunity ,
Statutory Interpretation ,
Tort ,
Wrongful Death
Barnett v. State of Florida and Its Effect on Governmental Entities who Are Sued for Claims Involving a Criminal Episode with Multiple Victims.
...more
9/29/2020
/ Bodily Injury ,
Damage Caps ,
Damages ,
FL Supreme Court ,
Government Entities ,
Mass Shootings ,
Municipalities ,
School Boards ,
School Shootings ,
Sovereign Immunity ,
State Agencies ,
State and Local Government ,
Statutory Interpretation ,
Wrongful Death
Employers have long known that gender stereotyping is not allowed under Title VII of the Civil Rights Act’s prohibition on discrimination because of sex. ...more
6/15/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, was signed into law on Friday March 27, 2020....more
4/6/2020
/ Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Popular ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief
After protracted, tense negotiations, the U.S. Senate unanimously passed a $2 trillion stimulus package aimed at the economic fallout from the coronavirus. The bill will provide relief for employers and businesses as well as...more
3/27/2020
/ Boeing ,
CARES Act ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Federal Funding ,
Financial Stimulus ,
Hospitals ,
National Security ,
Small Business Loans ,
Unemployment Benefits ,
Unemployment Insurance
Last week, March 18, 2020, President Trump approved a last minute bill proposed in response to the coronavirus outbreak. The new law – Families First Coronavirus Response Act – provides paid sick leave, free coronavirus...more
Federal Lawmakers proposed a bill (H.R. 6150 and S. 3415) that would immediately provide employees paid sick leave for fourteen (14) days as a means of containing the coronavirus. The bill aims to address concerns regarding...more
3/17/2020
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Health and Safety ,
Infectious Diseases ,
Paid Leave ,
Pending Legislation ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
Impact of Amendments to Florida Rule of Appellate Procedure 9.130 and Florida Highway Patrol v. Jackson on Governmental Entities and Employees If you are a State Agency, City, County, Sheriff’s Office, School Board, Police...more
1/29/2020
/ Absolute Immunity ,
Amended Rules ,
Appeals ,
FL Supreme Court ,
Florida ,
Government Agencies ,
Immunity ,
Litigation Strategies ,
Qualified Immunity ,
Rules of Appellate Procedure ,
Sovereign Immunity ,
State and Local Government ,
State Employees
Employers have long known that gender stereotyping is not allowed under Title VII of the Civil Rights Act’s prohibition on discrimination because of sex. However, there has been some confusion over whether this prohibition...more
1/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Protected Class ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender