Labor & Employment Law

Labor & Employment Law

Employers are continuously challenged by the evolving complexities of labor and employment law. Even the most seasoned of human resource professionals can become daunted by the constantly changing legal requirements that define an employer’s relationship with its employees. Our Firm provides clients with the most up-to-date information regarding their labor and employment obligations, and provides an array of legal services to defend employer’s rights.

Effective labor and employment advice is achieved by knowing and understanding the employer’s business. To that end, our primary objective is to build long-term, trust-based relationships with our clients founded on legal advisory services provided in a committed, expeditious and efficient manner.

When matters take us outside our borders, our Firm enjoys an excellent reputation and relationship with major law firms throughout the country and in parts of Brazil, Panama and Europe. We have extensive experience in effectively and efficiently employing and supervising the work of local counsel when required by our clients.

Our office provides litigation representation and day-to-day legal advice to private and public employers with employment relations matters, including discrimination and harassment issues, union matters, layoffs, disability and disability accommodation issues, interpreting and applying employment policies and legal requirements, and claims falling under the Age Discrimination in Employment Act, the Civil Rights Act of 1866, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act (Titles, I, II and III). We also provide hands-on assistance with a variety of Human Resource functions, including the review and preparation of employment policies and handbooks, as well as the investigation of employee complaints of discrimination, harassment and retaliation.

Mr. Behar has received formal training and has been authorized by the United States Equal Employment Opportunity Commission to conduct EEO investigations, pursuant to the Federal Standards set forth in the EEOC, EEO Management Directive 110, Chapter 6. The investigative techniques and methodologies utilized by our Firm comply with all Federal guidelines that define discrimination claims based on allegations of disparate treatment or impact based on race, color, national origin, sex (pregnancy), age, mental or physical disability, religion and retaliation.

From a litigation perspective, the Labor & Employment section has a legal staff dedicated to providing a cost-effective defense by utilizing the latest technological means of conducting discovery, working through complex or novel legal issues, teaming with our appellate attorneys throughout each critical step of the case and providing professional service to our clients.

Our employment practice group counsels and represents clients in employment matters across the United States, Europe and South America, and has litigated numerous employment cases in the Southern, Middle and Northern District Federal Courts in Florida, as well as in Floridaʼs State Courts and the Florida Division of Administrative Hearings. Additionally, our attorneys have handled a number of appeals following jury verdict, including appeals before each of the Florida District Courts of Appeal, the Supreme Court of Florida, and the Federal Eleventh Circuit Court of Appeals.

Audits & OSHA Compliance

Attorneys at the Firm have participated in the full range of audits conducted by agencies of both the federal and state governments, including the U.S. Department of Labor and the Occupational Safety and Health Administration.

These government audits concern employee leave entitlement, workplace safety and health issues, and Americans With Disabilities Act compliance matters. Successful results have been achieved in these important areas of concern for corporate, staff and line management, alike.

Labor-Related Litigation

Our labor and employment litigation attorneys have represented employers at all levels of the state and federal court systems as well as in administrative and arbitral proceedings.

In addition to providing their courtroom skills, our litigators advise clients when the consequences and costs of adversarial proceedings outweigh the potential benefits. In such instances, they are fully versed in applying the most current alternative dispute resolution mechanisms, and may recommend mediation techniques and other forms of out-of-court dispute resolution.

Discrimination and Retaliation Law

The Firm advises and represents employers in connection with matters arising under various state and federal employment laws.

These include: Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Civil Rights Act of 1871 (42 U.S.C. § 1983), the Discrimination in Employment Act; the Americans with Disabilities Act; the Rehabilitation Act of 1973; the Family and Medical Leave Act; the Equal Pay Act; the Pregnancy Discrimination Act; the Florida Civil Rights Act of 1992, and the Florida Whistle-Blowerʼs Act. In addition, the firmʼs attorneys are experienced in achieving and maintaining EEO Compliance and representing employers before state and federal regulatory agencies that enforce these requirements.

Personnel Matters

The Firm provides relevant and practical advice to employers of all sizes in regards to discipline, discharge, progressive discipline and compliance with proper personnel practices.

Our attorneys review and analyze personnel files to determine whether certain disciplinary actions are appropriate, adequately documented and ultimately upheld. We write and conduct regular timely reviews of personnel manuals to ensure they are updated and fully compliant with all aspects of the law. The Firm also provides representation when personnel decisions are appealed or challenged either in arbitration or in administrative proceedings such as unemployment compensation appeals.

Our attorneys routinely lecture on various topics affecting business owners, and often present to small and large groups in all industries.

Wage and Hour Law

The Firm advises clients regarding the wage and hour requirements of the Fair Labor Standards Act (FLSA) and, if necessary, represents those clients in litigation and administrative proceedings.

Our attorneys frequently lecture on various aspects of the FLSA and related laws, including the proper handling of U.S. Department of Labor investigations, and emerging trends in wage and hour laws. We also conduct wage and hour compliance audits.