In The News

Allen Norton & Blue attorneys and staff have strong ties to their communities. Working charity events, giving back, paying forward, chairing committees, writing the rules, and yes, winning decisions, we are proud of the work we do both in and out of the office.

Secretary of Defense Lloyd J. Austin III underscored the importance of combined efforts by military and civilian leaders to uphold the value of service as he hosted Joint Civilian Orientation Conference alumni at the Pentagon.

"As you all know, this is one of DOD's most prestigious outreach initiatives," Austin said of the JCOC. "Since 1948, civic and business leaders like you have spent time with our service members around the country and throughout our military. And we believe that that creates a lot of great dividends for us and also for you."

As Featured in The Florida Bar News

Ms. Norton placing the wreath at ANC

More pictures from the Arlington National Cemetary visit

More information about the Joint Civilian Orientation Conference

"There definitely are laws requiring employers to be aware of the potential of heat exhaustion, heat stroke and it is a federal law.

There is a general duty of care under OSHA and that definitely applies to heat standards,”

Click here to read the full text and see the video of the story.

TALLAHASSEE, Fla. – The Florida State Parks Foundation is pleased to announce four new additions to its Board of Directors.

Jose Felix Diaz of Miami, Jackye Maxey of Lakeland, Avery McKnight of Tallahassee and Greg Wilson of Ormond Beach will all serve on the 14-member volunteer board, effective immediately.

“We are so excited to welcome such an impressive group of new board members,” Foundation president Tammy Gustafson said. “Jose, Jackye, Avery and Greg are outstanding leaders in their respective communities, and their skills, perspectives and expertise will be of great value as we continue our mission to support Florida’s award-winning state parks.”

Diaz is a managing partner and executive vice president at Ballard Partners, a consulting firm based in Tallahassee. He previously served in the Florida House of Representatives from 2010-17, during which time he represented parts of Miami-Dade County while also chairing the Energy & Utilities, Regulatory Affairs and Commerce committees.

Diaz is a board member for the National Recreation and Park Association, the Parks Foundation of Miami-Dade, and the Zoo Miami Foundation, which he currently Chairs.

Maxey is the president of Maxey, Inc., which provides leadership and guidance in organization development, finance, budgeting, program management, project management and training. She recently transitioned to the private sector after dedicating 35 years to public service in the Florida Legislature, the Florida Department of Labor, the Florida Department of Education, the Florida Department of Banking and Finance and Florida A&M University. Maxey also served in the budget offices of Govs. Bob Graham and Bob Martinez, and the Board of Regents.

Maxey currently serves as secretary on the Bonnet Springs Park Friends Board. Bonnet Springs Park is a privately owned and financed public park in Lakeland that opened in October 2022.

McKnight is a shareholder at Allen Norton & Blue’s Tallahassee office. A fifth-generation native of Gainesville, Florida, McKnight has been recognized by Florida Trend Magazine as one of the state’s “legal elite” and served for several years as vice president for legal affairs and general counsel at Florida A&M University.

McKnight previously served on boards of directors for Tallahassee Memorial Healthcare, Inc., the Character Center and the Florida State University Center Club, as well as on the Big Bend Hospice Community Outreach Council.

Wilson is the co-founder, board director and chief scientific officer of Riverside Conservancy, a Florida-based conservation organization focused on living shoreline restoration and land conservation. A certified Florida Master Naturalist with a doctorate in ecology, Wilson is a dedicated environmental champion who has served on the U.S. EPA National Advisory Council for Environmental Policy and Technology, the Indian River Lagoon Council Management Board and Finance Subcommittee and U.S. Rep. Michael Waltz’s Environmental and Water Quality Advisory Committee.

He currently serves as the board director and president of the Friends of Gamble Rogers State Park, the official citizen support organization for Gamble Rogers Memorial State Recreation Area at Flagler Beach.

“We are fortunate to have an active and dedicated board of directors, and adding Jose, Jackye, Avery and Greg will take our board to even greater heights,” Foundation CEO Julia Gill Woodward said. “Each new board member brings something unique to our team while sharing a passion for Florida State Parks. I can’t wait to see what we achieve together.”

The Florida State Parks Foundation, founded in 1993 as Friends of Florida State Parks and renamed in 2018, is a 501(c)3 nonprofit corporation whose mission is to support and help sustain the Florida Park Service, its 175 award-winning parks and trails, local Friends groups and more than 20,000 park volunteers.

It does this through programs that preserve and protect state parks, educate visitors about the value of state parks, encourage community engagement and active use of state parks, and advocacy. The volunteer Board of Directors represents private and public sectors as well as local and statewide interests.

It is conceivable that Mr. Flores survives a dismissal motion in part because of statistical evidence showing few minorities hold top positions in the league, said Howie Waldman, a labor and employment lawyer in Florida who represents employers. But to prevail on the merits, the former coach at some point will need to draw a sharper connection between his alleged exclusion from coaching jobs and his race.

“He’s ultimately going to need more evidence down the road,” Mr. Waldman said.

https://www.wsj.com/articles/brian-flores-case-could-test-nflif-lawsuit-survives-early-hurdles-11644003944

“He will initially need to have more individuals—presumably other Black coaches or front-office executives who believe that they were denied promotional opportunities within the NFL because of their race—join the lawsuit,” said Miami attorney Howie Waldman of Allen Norton & Blue, who is not involved in the litigation. “Additionally, he will need to show the court that the allegations made by him and the other individuals are appropriate for class certification. If Flores is successful on this, the lawsuit can proceed as a class action lawsuit. If the class is not certified, presumably Flores would seek to proceed with the lawsuit as to his individual claims.”

"What are Brian Flores' Chances in Challenging the NFL? It Depends on Who Supports His Claims"



Kelly said another pain point has been cases in which state laws are in direct conflict with federal guidance.

That's the case in Florida, where the "Keep Florida Free" law provides broader exceptions to the mandate rule than are included in OSHA's ETS.

"As the state and federal laws are in direct conflict in this regard, employers could be faced with potential fines from both directions," Kelly said.

Read the Full Article Here


For termination to be on the table, employees would have to know about the [vaccination] mandate and it would have to be applied to everyone equally... And while you can apply for remployment assistance (formerly known as unemployment), there’s a chance you won’t qualify due to breaking the company’s policy, Morales said.

Click Here for the Full Article

Can places of employment be held legally responsible if anyone on their property gets Covid?

Florida Statute 768.38, signed into law in March, places barriers on this type of claim. It provides that for businesses other than a health care provider, a plaintiff must plead that the claim “arises from or is related to” Covid-19 “with particularity,” which requires a doctor’s sworn attestation that within a reasonable degree of medical certainty the plaintiff’s Covid-19-related harm was caused by the defendant. A court then would decide whether the defendant made a “good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance at the time the cause of action accrued.” If the court determines the defendant did make a good faith effort, the defendant is immune from liability. Thus, a reasonable effort by a business to comply with prevention protocols becomes very important and may protect them from liability.

Can I require that my employees not discuss Covid in the workplace or on social media?

An employer needs to be very careful here, as this potentially could be a violation of the employees’ Section 7 rights under the National Labor Relations Act, and depending on the circumstances, an employee who engaged in these activities could be considered a whistle blower and have certain protections in that regard.

Excerpted Article Here

Can Employers require masks? Can they ask if you've been vaccinated? Can you refuse to go to work if your employer has an optional or no mask policy?

Marc Sugerman answers these questions and more in his interview with Curtis McCloud.

By Susan Lundine – Managing Editor, Orlando Business Journal May 24, 2021

The new guidelines from the federal Centers for Disease Control on May 14 saying people fully vaccinated against Covid-19 no longer need to wear face coverings have created a lot of confusion for some people.
This has raised some questions about what that means for businesses, employees and customers.
Here, local employment attorney Shannon L. Kelly, a partner with Allen Norton & Blue PA law firm in Winter Park, discusses masks and Covid-19 vaccinations in the workplace:

Full Article Here

Can the boss ask about an employee's vaccine status?
Can the boss ask an employee if they've had COVID?
What about follow-up questions about COVID related health issues?
Can the boss force employees to take the vaccine?
Can the boss require an employee to submit proof of vaccination?

Brian Koji breaks it all down in this "8 on your side Investigates" segment.

"Employees need to understand when they're expected to 'be at work,' when they're expected to be available, and how to use their equipment...You need a system of communication so supervisors can track productivity. You need a way to set clear expectations for workplace responsibilities and follow up on that."

Read the full article, here.

Can your employer require you to get the vaccine? “For private, non-unionized employers, the short answer is likely yes, they would be able to require it,” Kelly said.

https://www.clickorlando.com/news/local/2020/12/17/can-your-employer-make-you-get-the-covid-19-vaccine/

“In Florida, there is no law requiring time off for voting, but the law does prohibit taking personal action against an employee for voting or not voting for a candidate or for a measure on a ballot,” Stefany said. “A lot of employers do allow time off for voting, but it’s not a requirement.”

Full Article

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"Generally, because anti-discrimination statutes protect employees, current federal anti-discrimination laws do not apply to individuals holding internship positions unless the intern is deemed to be an employee."

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"At-will employment simply means an employee can be dismissed for any reason, good or bad, fair or unfair, as long as it is not an unlawful reason... Those who are not employed at-will, such as those employed under a contract, can generally only be dismissed for certain reasons as defined in the agreement. Such limitations on traditional at-will employment allow for challenges to whether the dismissal was justified without having to demonstrate it was illegal."

Read the full article here.

Read the full article here.

"If an employee [tests] positive for COVID-19 coronavirus, they should be instructed to stay home immediately for at least 14 days and told to consult their health care provider," says Stefany. After 14 days, "the employer can ask the employee to produce medical documentation certifying that the employee is fit to return to work."

"Without disclosing who has been diagnosed," Stefany says, "those employees who have had close contact and exposure to [the infected employee] should be requested to remain home and to contact a healthcare provider for further guidance."

View the Interview

WPEC-TV (CBS) – CBS12 News caught up with Elissa Dunn, who for the past six months, has worked as a bartender at Death or Glory, in downtown Delray Beach.

“It’s a really homey feel here,” said Dunn. “We get a lot of regulars, a lot of tourists.”

But now the State has ordered bars to close for at least 30 days.

“We’re looking at not having jobs for 30 days — that’s a long time,” said Dunn.

“And, we don’t really know,” Dunn continued, “is it going to be 30 days, or is it going to get extended? It’s really scary.”

Dunn said she knows the closures are for the benefit of everyone.

The bar owners have told Dunn she’ll get her job back, once the closure is over, and they’ve even given employees $1,000 to help with rent and expenses.

Dunn said that’s huge, but still, she’s worried.

“I’ve already started applying for relief grants, and you know, I’m contemplating if filing for unemployment is the best option for me right now,” said Dunn.

“We’re in a very unprecedented time right now,” said employment attorney Suhaill Morales, with the prominent statewide firm Allen, Norton and Blue, which represents employers.

“It’s a difficult time for a lot of our small businesses and employers,” said Morales. “A lot of our clients have called us, because it’s hard for them to make ends meet when they’re closing, and don’t really have the money for payroll.”

The governor has encouraged workers affected by coronavirus to apply for Reemployment Assistance, but one has to be officially laid off or fired.

“The bigger issue that we’re seeing is — what about those employees who are sent home, but not terminated?” said Morales.

“Currently there is nothing in place for those employees,” she said. For people like Dunn, it’s a tenuous time.

“Trying to make plans in any way I can, but, I mean, you can’t think about it too much, you’re just going to drive yourself crazy,” said Dunn.

Relief measures for workers affected by coronavirus are being discussed by lawmakers in both Washington and Tallahassee. CBS12 News will continue to monitor these developments.

When working with employees in multiple locations, one of HR professionals’ greatest challenges is complying with different state and local laws.

Each state might have different requirements for paid sick leave, jury duty, maternity leave and vacation, says Suhaill Machado Morales, a labor and employment law attorney in the Miami office of Allen Norton & Blue.

For example, overtime in California isn’t based solely on whether an employee has worked more than a 40-hour week. There, an employee is entitled to overtime if he or she works more than eight hours a day, Morales says.

Read the full article here

Seacoast alleged the actions of the former employees — who included about half of the Central Florida commercial business team and all managers of that division — put the bank at a competitive disadvantage, the complaint showed.

That said, there are exceptions when it comes to former employees and trade secrets, Levitt told OBJ.

“There has to be some sort of unique information or training. Also, if an employee brought the information into the business, such as through a personal connection, then there is an argument that can be made that they can take it with them.”

Here are some other things Levitt said to keep in mind:

  • Employers can protect themselves by having a written policy related to trade secrets in a handbook or as part of an employment agreement.
  • Keep in mind employees in some positions will have more access to sensitive information compared with others, such as a manager having more knowledge than a cashier.
  • Employees, meanwhile, must be clear on what information they cannot bring with them to a new job.
  • Competition for top talent drives many employers to have non-compete clauses. Companies may require a worker leaving the business to sign an agreement that he or she won’t work in the same industry in the same geographic area for a certain period, typically around two years. It usually isn’t relevant if an employee leaves for another market or enters another sector.

Read the full article here

Tallahassee's Jason Vail, who serves on the board of directors for Big Bend Habitat for Humanity, represents Allen Norton & Blue at the Festival of Trees. ANB sponsors this fundraiser and provides a decorated tree which is part of a silent auction. The proceeds support the Big Bend Habitat for Humanity mission of constructing affordable homes for residents of Leon and Gadsden Counties. alt text alt text

Attorneys J. Wes Gay and Barron Dickinson of the Tallahassee office took home First Place in the Boys Town of North Florida’s 27th Annual Christmas Classic Golf Tournament held at Golden Eagle Golf and Country Club. With a gross score of 56, Gay and Dickinson’s group was the lowest out of 18 teams competing in the event.

The true focus of the day, however, was on the hundreds of children and families that receive aid and support through the charitable donations raised by this wonderful event. Founded in 1917, Boys Town is a national non-profit organization that provides support to children and healing families across America. In addition to participating in Boys Town North Florida’s annual golf tournament, the Tallahassee office also fields a barbeque team that competes in the annual Boys Town of North Florida Smoke-Off. alt text

A tentative agreement is made between AFSCME and FAMU pending ratification by the union.

Mike Mattimore has led a band of attorneys to donate suits that students can wear for job interviews. About 100 suits have been given to Gulf Coast State College, each with a special message inside for the student.

On April 29, 2019, the U.S. Department of Labor ("DOL") issued an opinion letter that provides employers with additional guidance regarding the appropriate classification of certain types of workers under the Fair Labor Standards Act ("FLSA").

The DOL issued the opinion letter in response to an inquiry submitted by a virtual marketplace company seeking guidance as to whether its service providers should be classified as employees or independent contractors under the FLSA.Contrary to a prior opinion letter issued by the DOL during the Obama administration, the DOL now determined that the working relationships of these individuals indicated that they should be classified as independent contractors under the FLSA. In reaching this conclusion, the DOL applied the following six-factor balancing test which examines:

  1. The nature and degree of the potential employer's control;
  2. The permanency of the worker's relationship with the potential employer;
  3. The amount of the worker's investment in facilities, equipment or helpers;
  4. The amount of skill, initiative, judgment or foresight required for the worker's services;
  5. The worker's opportunity for profit or loss; and
  6. The extent of integration of the worker's services into the potential employer's business.

Weighing these six factors, the DOL found that the workers were economically independent, in part, because the employer minimally supervised the workers, allowed them to set their own hours, and allowed them to simultaneously work for a competitor. Additionally, the employer did not invest in any facilities, equipment, or helpers for the workers, or provide them with any training. Lastly, the DOL found that the workers had a substantial amount of control in determining their own level of compensation and were not integrated into the employer's business because they did not develop or maintain the virtual platform.

Based on this analysis, the DOL concluded that the workers were not employees under the FLSA, but rather were independent contractors. The DOL's letter provides employers with important insight into its current position on the proper classification of workers under the "economic reality" test of the FLSA.

If you have any questions or concerns regarding the classification of your own workers, please contact your Allen Norton & Blue attorney.

Barron Dickinson, Associate Attorney with ANB's Tallahassee Office.

In Florida, If the Boss Tells You to Work in a Hurricane, Go or Else

By Gordon Byrd, August 31, 2019

TAMPA - - If you live in Florida, and your boss tells you to go to work during a hurricane, you’d better go…or be prepared to lose your job. That applies not only critical personnel such as public safety workers ad power linemen, but every employee in the state.

Florida law offers no legal protection to workers who refuse a call to work because of a hurricane, if the employer is open for business, according to David Stefany, a partner in the labor and employment law firm Allen Norton & Blue.

“It’s up to each employee…to understand what the expectations are…of their employer,” Stefany said.

Listen to the full interview here

Do employees need to go to work during a storm warning?

By Ashley Portero, August 30, 2019

In Florida, a hurricane warning isn't enough to excuse an employee from work.

Under Florida law, businesses can terminate employees who do not show up for work in the days before or after a natural disaster, including hurricanes.

"[The hurricane] could be bearing down hard and hitting tomorrow, but under Florida law employees could still be required to report to work," said Luke Savage, a labor and employment lawyer at Miami law firm Allen Norton & Blue. "If the employee refuses to go because their house needs work, they could be fired, as draconian as that might sound."

That doesn't necessarily mean employees must work during the thick of the storm....

Read the full article