To log into the complimentary Wi-Fi at the Boca …...II. Secretary/Treasurer Report The January 17,...

THE FLORIDA BAR 651 E. JEFFERSON STREET TALLAHASSEE, FLORIDA 32399-2300

June 25, 2019

Re: Agenda – June 27, 2019 at 5:00 p.m. e.s.t.

Dear Labor and Employment Law Section Executive Council Members and Committee Chairs,

The Labor & Employment Law Section annual executive council meeting will take place on Thursday, June 27, 2019, at 5:00 p.m. e.s.t. at the Boca Raton Resort & Club, 501 E. Camino Real, Boca Raton, FL 33432, (561) 447-3000, www.bocaresort.com.

The agenda and supporting documents for this meeting are attached.

To log into the complimentary Wi-Fi at the Boca Resort, enter in the following password when accessing the network name.

• Network Broadcast Name: FLABAR19• Password: FLABAR19

For those who cannot attend in person, conference call information is listed here. Toll-free number: 888-376-5050 Participant Pin: 1563821345

HOTEL ROOM ASSIGNMENTS

Thursday, June 27, 2019

5:00 p.m. – 6:30 p.m. Labor Executive Council Meeting (Royal Palm Ballroom IV)

6:30 p.m. – 7:30 p.m. Reception Honoring Three New Supreme Court Justices co-sponsored by the Federalist Society and the American Constitution Society (Grand Ballroom C)

Friday, June 28, 2019

9:00 a.m. – 11:00 a.m. Mediation and Arbitration Issues in Employment Matters: Thinking Outside the Box Presented by the Alternative Dispute Resolution and Labor and Employment Law Sections (Estate Ballroom III)

I look forward to seeing you in Boca Raton. Angie

http://www.bocaresort.com/

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mEEting Room dimEnsions

Room dimEnsions/ MAXIMUM CAPACITY:CEiling HEigHt sQ. FEEt sQ. mEtERs tHEatER ClassRoom RECEption BanQuEt

Grand Ballroom 138' x 183' x 22'9" 26,037 2,419 3,200 1,878 2,700 2,280

Salons a-d (each) 34' × 60' × 22'9" 2,158 200 255 148 230 168

Salons e-f (each) 138' x 31' x 22'9" 4,393 408 555 288 450 312

Salons G-j (each) 34' x 60' x 22'9" 2,158 200 255 148 230 168

Grand Pre- assembly 45' x 206' x 22' 10,200 948 – – – –

royal Palm Ballroom 126' × 115' × 18' 15,027 1,396 1,800 1,000 1,579 1,260

Salons I-IV (each) 41' × 29' × 18' 1,235 115 132 77 120 72

Salons V-VI (each) 22' × 115' × 18' 2,506 233 280 152 263 216

Salons VII-X (each) 41' × 29' × 18' 1,235 115 132 77 120 72

royal Palm Pre-assembly 122' × 31' × 18' 3,852 358 – – – –

addISon Ballroom 48' × 95' × 14'9" 4,726 439 520 300 425 384

east 48' × 48' × 14'9" 2,300 214 264 134 200 192

West 48' × 47' × 14'9" 2,550 237 286 140 200 180

addison Pre-assembly 45' × 30' × 14'3" 1,375 128 – – – –

eState Ballroom 48' × 76' × 14'9" 3,895 362 407 228 375 288

Salon I 48' × 26' × 14'9" 1,355 126 144 64 125 96

Salon II 48' × 26' × 14'9" 1,353 126 144 72 125 96

Salon III 48' × 23' × 14'9" 1,187 110 136 68 115 96

Veranda SalonS

Salon I 21' × 22' × 14'9" 465 43 36 24 40 36

Salon II 19' × 25' × 14'9" 504 47 36 28 40 36

Salon III 19' × 35' × 14'9" 758 70 56 30 70 60

Salon IV 21' × 35' × 14'9" 704 65 56 30 70 60

office I 40' × 40' × 12' 1,600 149 – – – –

outdoor areas

Spanish terrace 136' × 21' 3,000 279 – – 250 156

Grand lawn 95' × 92' 9,000 837 – – 1,000 756

afroelic

Callout

Labor Reception

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Labor EC Mtg

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Mediation and Arbitration Issues in Employment Matters: Thinking Outside the Box

AGENDA

AGENDA

Labor and Employment Law Section Annual Executive Council Meeting

Boca Raton Resort and Club, 501 E. Camino Real, Boca Raton, FL 33432 (Royal Palm Ballroom IV)

Thursday, June 27, 2019

5:00 p.m. – 6:30 p.m. Call-in Number: 1-888-376-5050

Participant Code: 1563821345

WIFI Login Information Network Name: FLABAR19 Password: FLABAR19

I. Call to Order and Introductions – Cathleen Scott, Chair II. Secretary/Treasurer Report – Alan O. Forst, Secretary/Treasurer

A. Minutes – April 12, 2019 (Attachment A) B. May 2019 Financial Statement (Attachment B)

III. Committee and Subcommittee Reports

A. Committees to Report on the Progress of their Goals (Attachment C) B. Bar Journal Committee Report – Robert Eschenfelder (Attachment D) C. EEOC and FEPA Liaison Report – Kristin Foslid (Attachment E) D. Judicial Outreach Committee (Attachment F) E. Law School Liaison Report – Cristina Vicens, Hon. Stephanie Ray, Patrick Martin

(Attachment G) F. Local/Voluntary Bar Association – Ryan Barack, Erika Deutsch Rotbart (Attachment

H) G. NLRB and PERC Liaison Report – Janeia Ingram and Gregg Morton (Attachment I) H. Website Subcommittee Report – Hon. Frank Brown, Yvette Everhart, Brian Lerner

(Attachment J) I. Workplace Health & Safety Committee – Eric Holshouser (Attachment K)

Labor Annual Meeting Agenda June 27, 2019

IV. New Business

A. Website Redesign B. Michael Tanner, Candidate for the Office of President-Elect of The Florida Bar

(Attachment L) C. Hall of Fame Induction

a. Margaret L. “Margie Cooper (Presented by Scott G. Hawkins)b. Alan M. Gerlach, Jr. (Presented by Gregory A. Hearing)c. William Russell “Russ” Hamilton, III (Presented by Bob Turk & Andy Hament)d. William “Bill” Raymond Radford (Presented by Christopher Hammon)e. Thomas T. Steele (Presented by Sacha Dyson)

D. Law School Scholarship Recipients Presented by Judge Ray a. Present at Meeting

i. Maja Hartzell (FSU)ii. Rohan Palmer (FAMU)

iii. Alan Persaud (FIU)iv. Franklin Sandrea-Rivero (St. Thomas)v. Deanna Santo (UM)

vi. Sajmir Xhikola (Cooley)b. Unable to Attend Meeting

i. Micharon Byrd (Ave Maria)ii. Kimbrell Hines (UF)

iii. Tara Pachter (Stetson)iv. Evelyn Schwalb (Barry)

V. Chair’s Report

A. Chair’s 2018 – 2019 Overview B. Chair’s Special Appreciation

a. Recipients of Away Carry-On Luggage:i. Scott Atwood

ii. Gregg Mortoniii. Marlene Quintanaiv. Luis A. Cabassav. Cynthia Sass

vi. Gregory A. Hearingvii. Robyn Hankins

viii. Zascha Blanco Abbottix. Hon. Alan O. Forstx. David W. Adams

xi. Cathleen Scottxii. Brian L. Lerner

b. Volunteers of the Yeari. Brian L. Lerner

ii. Rob Eschenfelder

C. 2019 – 2020 Proposed Executive Council D. Report of Nominating Committee & Vote for Officers and Executive Council Members


VI. Informational

A. Thursday, June 27, 2019

6:30 p.m. – 7:30 p.m. Reception (Grand Ballroom C)

B. Friday, June 28, 2019

9:00 a.m. – 11:00 a.m. Mediation and Arbitration Issues in Employment Matters: Thinking Outside the Box Presented by the Alternative Dispute Resolution and Labor and Employment Law Sections (Estate Ballroom III) (Attachment N)

VII. Adjournment


EXHIBIT A

MINUTES

April 12, 2019 Executive Council Meeting Labor and Employment Law Section, The Florida Bar

Wyndham Grand Jupiter at Harbourside Place, Jupiter, FL Cathleen Scott, Chair David Adams, Chair-Elect Robyn Hankins, Legal Education Director Hon. Alan Forst, Secretary-Treasurer Zascha Blanco Abbott, Immediate Past Chair* Angela, Section Administrator Scott Atwood David Block* Deborah Brown* Hon. Frank Brown Guests Sherril Colombo* Lori Adelson Sacha Dyson Amanda Biondolino Robert Eschenfelder John Getty Karen Evans Mike Malfitano Yvette Everhart* Angeli Murthy Chelsie Flynn* Rhonda Reaves Kristen Foslid* Erika Deutsch Rotbart* Gregory Hearing Steve Senn Jennifer Fowler-Hermes Don Slesnick Eric Holshouser Hon. Robert Kilbride* Leslie Langbein Brian Lerner Patrick Martin* Steve Meck* Gregg Morton* Marlene Quintana Hon. Stephanie Ray* Cynthia Sass Bob Turk Cristina Velez* Lindsey Wagner *Appearing by phone

I. Call to Order Chair Cathleen Scott called the meeting to order at 5:05 p.m. Or, maybe it was 5:03 or 5:06, but it was definitely after 5:00 (unless you were in

Labor Annual Meeting Agenda Exhibit A1 June 27, 2019

Pensacola). In any case, a quorum of the Executive Council was present either in person or by telephone. The meeting began with a welcome from the chair to the members and guests. Chair Scott noted that the Section website was being installed and that we would no longer be printing copies of The Checkoff

II. Secretary/Treasurer Report The January 17, 2019 Minutes were approved (Eschenfelder/Adams motion)

with one change (reflecting that Tony Cabassa was co-chair with Marlene Quintana of the Update/Certification Review seminar in January). Judge Forst stated that the Section was doing fine financially (after we vetoed David Adams attempt to purchase a Section yacht).

III. Committee Reports

Chair Scott suggested that the committees and subcommittees tender written

reports in advance of the annual meeting. Several committees gave brief reports. Membership Outreach: Scott Atwood announced that his committee was

looking to host happy hours in the coming year (with perhaps a CLE presentation) in Jacksonville, Tallahassee, Tampa and Miami. He was going to use a $2000 budget from the section for these four receptions, which would be hosted at local law firms. The hope is that each reception would draw about 30 people (if it was 30 people overall for $2000, that’s a lot of cabernet per attendee).

Law School Liaison: Cristina Velez reported that the subcommittee had

solicited twenty-five scholarship applications from ten law schools. Long Range Planning: Bob Turk commented upon the need to get young

people engaged in the Section, reflecting back to his joining the Section so long ago that his clients included the Slate Rock and Gravel Company. He was looking into what the Georgia Bar’s L&E Section was doing with its L&E mentorship academy.

Legal Education: It was noted that L&E has the lead on planning the annual

PELR seminar in the fall. Special Projects: Hon. Frank Brown remarked that the decision to have a

former chair of the Certification Committee speak at the Update seminar was a good idea. He would follow up on this and he also desired having the seminar speakers better informed as to what would be on the certification exam. Chair Scott gave kudos to the co-chairs of the update/certification review seminar, Marlene and Tony (not Karen!).


Wage & Hour: Angeli Murthy announced that Jay Lechner was no longer co-chairing the subcommittee. She noted that the subcommittee intended to update the judicial profile and wanted to put together a CLE panel or seminar and engage in outreach.

Journal: Rob Eschenfelder indicated that he wanted to commence a Journal

Article of the Year award, to be announced at the Annual Meeting. He planned to discuss the selection process with Cathleen.

Website: So close …. Brian Lerner related that the new and improved

website was 75 percent complete and would be “rolled out” in June. The Section has a new logo that is featured on the home page (and every other page). He noted that the website contractor was working on ADA compliance issues (always embarrassing when an L&E section is sued for ADA violations). Yvette Everhart is taking the lead on keeping the website current (including soliciting Section meeting minutes). One of the features that Brian likes is the ability of the Section officers and delegatees to make updates to the website without going through the vendor. Brian was in touch with the Bar to get back issues of The Checkoff uploaded. Sherrill Colombo inquired whether the Section could host webinars on the website. Brian responded that he didn’t think that was possible, due to Florida Bar oversight of webinars. Cathleen gave a “big” thank you to Brian, Yvette and Judge Ray for their work on the website (laboremploymentlaw.org).

Hall of Fame: Sacha Dyson nominated Thomas Steele. He drafted section

542.35. The motion to induct was moved/seconded by Adams/Eschenfelder and passed without opposition. Bob Turk nominated Russ Hamilton—he practiced L&E for over 40 years and worked with the space shuttle program. A/E made the motion and it passed without opposition. Alan Gerlach, who was a long-time and recent member of the Section EC, was nominated by Steve Meck, moved by A/E and inducted without opposition. Robyn Hankins nominated William (Bill) Radford, who was a long-time management attorney in Miami. A/E once again made the motion, and Mr. Radford was inducted without opposition. Cristina Velez is charged with contacting the families. Frank Brown noted that we need the inductees’ bios and photos for a slideshow at our Section meeting in June.

IV. Odds & Sods:

Don Sleznick noted that the ABA was hosting a Trial Skills Seminar. Nice to

know. Lori Adelson announced that the Florida Bar’s ADR Section was joining the L&E Section to co-sponsor a CLE seminar at the annual meeting of the Florida Bar at 9:00 a.m. on Friday, June 28. Scott Atwood announced he was setting up a new practice in Fort Myers. Marlene Quintana announced that the attorneys of Thompson, Sizemore, Gonzalez & Another Guy (Greg Hearing!) were joining GrayRobinson’s Tampa office.


Cathleen reminded committee and subcommittee chairs to prepare written reports for the next EC meeting. She then invited EC members and seminar registrants to attend a Section reception and dinner following the meeting, as well as a cocktail party following the dinner.

V. Adjournment

Someone other than Adams and Eschenfelder moved/seconded to adjourn.

The meeting was adjourned at 5:45 p.m.

VI. Next Executive Council Meeting Cathleen Scott will return . . . at the next Executive Council Meeting at 5:00

p.m. on Thursday, June 27, 2019 at the Florida Bar’s annual meeting at the Boca Raton Resort & Club in Boca Raton, FL.


EXHIBIT B

Labor & Employment Law Section 2018 – 2019

FINANCIAL STATEMENT

SECTION – MAY 31, 2019 Beginning Fiscal Year Fund Balance $99,944 Total Revenue $136,047

Total Expenses ($78,033) Net Operations $58,015 Ending Fiscal Year Fund Balance $157,959*

*see attached statement of operations

CURRENT MEMBERSHIP Current Membership 2,179

Labor Annual Meeting Agenda Exhibit B1 June 27, 2019

2018 2019 2019Description Actual Actual Budget3001-Annual Fees (member dues) $80,280 $90,890 $90,0903002-Affiliate Fees (affiliate dues) 920 880 1,020Total Fee Revenue 81,200 91,770 91,110

3321-Registration-Webcast (section InReach revenue) (zero'd out) 900Total Registration Revenue 900

3351-Sponsorships (sponsor or exhibitor revenue) 2,500 03391 Section Profit Split (Joint CLE - 80-20 split with CLE Committee) (3,408) 36,943 49,0003392-Section Differential (Joint CLE - Difference in member/non-member fees) 3,518 3,777 5,200Other Event Revenue 110 43,220 54,200

3561-Advertising (advertising in Checkoff/website) 350 0 1,900Advertising & Subscription Revenue 350 0 1,900

3899-Investment Allocation (Bar's investment of section funds) 11,479 1,057 11,197Non-Operating Income 11,479 1,057 11,197

Total Revenue 93,139 136,047 159,307

4131-Telephone Expense (business phone - split among 3 sections) 749 168 8004133-Internet Service (section wifi - split among 3 sections) 367 168 5504134-Web Services (website) 8,031 10,095 8,5004301-Photocopying (copying) (zero'd out) 1654311-Office Supplies (supplies, e.g. name badge holders) 51 515 400Total Staff & Office Expense 9,198 10,946 10,415

5051-Credit Card Fees (.02% for all fees. Actual fees since fy 17-18) 1,067 797 6005121-Printing-Outside (printing newsletter outside Bar / Paid Editor) 4,832 3,246 4,000Total Contract Services 5,899 4,043 4,600

5501-Employee Travel (staff travel per formula) 5,763 2,503 8,2555531-Board/Off/Memb Travel (officer travel / out-of-state travel) 31,394 1,2505599-Other Travel (meeting travel expense) 13,151 9,901 22,500Total Travel 50,308 12,404 32,005

6001-Post 1st Class/Bulk (mailing) 148 52 5006301-Mtgs TFB Annual Meeting (annual convention) 15,602 292 13,0006311-Mtgs General Meeting (council mtgs / winter meeting) 4,259 1,712 5,6006319-Mtgs Other Functions (Section retreat / section service program) 16,915 5,0006321-Mtgs Meals (section dinners) 12,865 10,0006325-Mtgs Hospitality (section receptions) 6,507 7,851 10,5006399-Mtgs Other (long range planning retreat) 5,0006401-Speaker Expense (speaker exp not covered by CLE Committee) 189 5,000

THE FLORIDA BARLabor and Employment Law SectionFor the Month Ending May 31, 2019


2018 2019 2019Description Actual Actual Budget6451-Committee Expense (LE cmte / cert cmte) 168 2,0006599-Brd/Off Other (chair's annual convention expenses) 1,591 4007001-Grant/Award/Donation (awards) 4,551 55 7,0007011-Scholarship/Fellowship (law school scholarships) 13,000 4,000 12,0007999-Other Operating Exp (operating reserve/miscellaneous) 174 550Total Other Expense 75,969 13,962 76,550

8021-Section Admin Fee (FY 18-19 amount is $18 for paying members only) 35,420 36,366 36,5228101-Printing In-House (Bar's printshop) 1,085 12 3008171-Course Approval Fee (section-sponsored CLE approval fee)(zero'd out) 150Total Admin & Internal Expense 36,505 36,378 36,972

9692-Transfer Out-Council of Sections (council of sections contribution) 300 300 300Total InterFund Transfers Out 300 300 300

Total Expense 178,179 78,033 160,842

Net Income (85,040) 58,015 (1,535)

2001-Fund Balance, Beginning 184,983 99,944

Fund Balance, Ending 99,943 157,959


EXHIBIT C

GOALS

Labor Annual Meeting Agenda Exhibit C1 June 27, 2019

Committee Charis Goals Notes from Chair ABA Liaison Zascha Blanco Abbott /

Cynthia Sass Plan a joint program/happy hour/CLE with the Section of Labor and Employment Law; and

Work on joint programs with Labor and Employment Section and the labor and employment committees of other ABA sections; Work with having ABA co-sponsor Advanced Labor Topics CLE this year.

Bar Leadership Liaison Leslie Langbein / Marlene Quintana

Recommendations for committee assignments to Fla Bar

EEOC and FEPA Liaison Cheyanne Costilla / Kristen Foslid

E-filing, position statement, mediation

Immigration Shin-I Shiao Lowe / Anis N. Saleh

To set up two webinars this upcoming year given the ever changing immigration landscape under the new administration, and address some of the most frequently seen topics of concern by employers.

A short article covering recent news per quarter, if permitting.

Judicial Outreach Hon. Alan Forst / John Hoffman

Section officers will present at Advanced Judicial Studies Seminar on May 28-May 31, 2019

Committee will make an effort at hosting a lunch or breakfast presentation for civil judges in 1-3 of the five largest counties this bar year.

Law School Liaison Patrick Martin / Hon. Stephanie Ray / Cristina Velez

To award a scholarship at a student in each law school.


To either have or participate in an outreach event at each Florida law school.

Local/Voluntary Bar Association

Ryan Barack / Erika Deutsch Rotbart

We will be scheduling a call likely for late September with our Committee members to discuss our initiatives. We plan on brainstorming some possible “meet and greets” with local lawyers throughout the various local bars as well as young lawyer division groups to provide information, mentoring and similar events to promote and encourage their participation in employment and labor law as well as to raise awareness and foster membership and further outreach.

We also intend on creating an email campaign to the local bar associations as we did last year to create opportunities by offering our speakers’ bureau for seminars as well as provide training and mentoring to those local bar organizations who are interested in our participation and assistance.

Long Range Planning Hon. Robert Kilbride / Robert S. Turk

The LRPC intends to monitor the progress of the action items decided upon at the St. Pete LRP Retreat. We are particularly interested in the progress of website redesign and management, trial academy progress and Rob Eschenfelder’s archiving of decisions and policies by the EC. (I will forward the


Summary of Retreat items to you). The LRPC will offer support to you on any long term projects you decide to promote or focus on during your tenure as Chair of the Section. The LRPC will share ideas and goals we recommend, after we have our organizational meeting in September

Membership Outreach Scott Atwood / Sacha Dyson

Assign a committee member to reach out to the new section members to welcome them to the section and let them know about some of the upcoming section activities.

Create a happy hour with an interactive CLE presentation.

Create a Pub Trivia casual for a section event

NLRB and PERC Liaison Janeia Ingram / Gregg Morton

Convene two subcommittee meetings (via conference call).

Conduct a stand-alone webinar as part of the Section’s Audio Webcast Series

Contribute 1-2 articles for consideration by the Section for future Bar Journal and Checkoff publications.

Begin initial planning for 44th Annual Public Employee Labor Relations Forum (PELRF), to take place October 2019 in Orlando, Florida.

Special Projects Committee Hon. Frank Brown / Gina

Cadogan / Sherril Colombo

Drafting proposed executive council policies for sponsorship or other support of other bar or


bar-related organizations for consideration by the Executive Council.

Working with the Labor & Employment Law Certification Committee to discuss methods of improving the Update and Certification Review Seminar as a vehicle for preparing examinees.

Trial Skills Seminar Committee

Robyn Hankins / Chelsie Flynn / Leslie Reicin Stein

Wage and Hour Administration Liaison Committee

Jay Lechner /Angeli Murthy

Workplace Health & Safety Committee

Eric Holshouser

To include a safety or health topic in one of our CLE programs, beyond just the half hour piece on OSHA at the certification review seminar

Communication Committee Publications Subcommittee (Checkoff/Journal)

Viktoryia Johnson/ Rob Eschenfelder

Have the section represented in each edition of the Journal for the Bar year Create process where we afford speaking opportunities @ our CLEs for our authors Create a “Section Article of the Year” award for the article the EC feels is the best of the year

Social Media/Advertising Subcommittee

Brian Lerner (Social Media) Cathleen Scott (advertising)

Website Subcommittee

Hon. Frank Brown / Yvette Everhart / Brian Lerner

Development and rollout of a new section website (including rebranding); Implementation of new EC meeting technology (conference call system); and Retention of an administrative assistant for website administration and e-case summaries.


EXHIBIT D

Bar Journal Report Chair Scott and Executive Council Members, In advance of the June 27th 2019 Executive Council meeting, below please find my report of the last 12 months of the Section’s Florida Bar Journal activities:

Authors Currently Working

• Author Leslie Langbein is writing an article on the “war on arbitration” which she expects to submit her draft for editing in time for inclusion in the November/December 2019 Journal issue.

• Author Jackie Prats has agreed to write an article on the distinctions between offers of judgment in state vs.

federal employment law cases. She expects to submit her draft for editing in time for inclusion in the January/February 2020 Journal issue.

Articles Set to Publish

• The article “Protecting Goodwill as a Legitimate Business Interest in a Restrictive Covenant Enforcement Action” by Ronald P. Angerer II has been edited and submitted to the Bar Journal and is tentatively scheduled for publication in the July/August 2019 Journal issue.

• The article “Unfair Labor Practices in Florida’s Public Sector Workplaces” by author Gregg Morton has been edited and submitted to the Bar Journal and is tentatively scheduled for publication in the September/October 2019 Journal issue.

Published in Last 12 Months • Parts I and II of the article “Legal Challenges to Labor Arbitration Awards” by author Donald Spero was

published in the March/April 2019 and May/June 2019 Journal issues respectively.

• The article “Are Arbitration Agreements Necessary for Class-Action Waivers to be Enforceable?” by author Jackie Prats was published in the in the November/December 2018 Journal issue.

• The article “Jilt by Association: Adverse Employment Actions Based on Associational Disability

Discrimination” by Alicia Koepke was published in the September/October 2018 Journal issue.

• The article “Mistakes Were Made: How Small Businesses Commonly Get Into Trouble With the Fair Labor Standards Act” by Hunter Chamberlin was published in the May 2018 Journal issue. As always, I appreciate the helpfulness of the members of the Executive Council and Section overall in submitting article ideas and referring aspiring authors to me. Please let me know if you have any questions associated with my report. Regards, Robert Eschenfelder Labor & Employment Law Section Executive Council Bar Journal Articles Editor

Labor Annual Meeting Agenda Exhibit D June 27, 2019

EXHIBIT E

EEOC and FEPA Liaison Committee Report

EEOC is putting on an EEO Seminar on August 8, 2019 in Ft. Lauderdale and on August 16, 2019 in Tampa.

Kristen Foslid

Labor Annual Meeting Agenda Exhibit E June 27, 2019

EXHIBIT F

Judicial Outreach Committee The Judicial Outreach Committee worked with the State Courts Education Committee to present “I Wanna Hold Your Hand: Beatles song or Sexual Harassment? Employment law for Judges” at the Advanced Judicial Studies College in late May. The Section Chair, Cathleen Scott, taught the course with the assistance of Judge Alan Forst (former Section Chair).

Labor Annual Meeting Agenda Exhibit F June 27, 2019

EXHIBIT G

Law School Liaison Subcommittee Report June 2019

I. Law Student Scholarships

The subcommittee is pleased to report that Section scholarships have been awarded to the following outstanding students:

Micharon Byrd graduated from Ave Maria School of Law this May and will be sitting for the July Florida Bar Exam. While at Ave Maria, she was a member of the Moot Court Board, the Honor Board, and the Women's Law Association. She became interested in Labor and Employment law after taking employment law courses and interning with the Department of Energy's Office of Civil Rights. She looks forward to exploring this area of law in the future.

Maja Hartzell is a rising third-year law student at Florida State University College of Law. Originally from Poland, she moved to Florida five years ago, after completing her master's degree in American Studies in Krakow, Poland. Before law school, she worked as a paralegal for a boutique family law office. Her interest in employment law was sparked when she was assigned to work on a position statement in response to a sexual harassment claim at her summer externship last year. She worked for the Florida Commission on Human Relations during her second year of law school and is currently working as a summer associate for Ogletree Deakins at their Tampa office. Maja has three dogs that she adores and was an avid skier prior to moving to Florida.

Kimbrell Hines is a rising third-year law student at the University of Florida Levin College of Law. Prior to law school, she studied and worked in the field of Human Resource Management. During law school she served as President of the Employment and Labor Law Society and worked for two employment and labor law firms. She was also an articles editor for the Florida Law Review. After graduation, she aspires to practice at an employer-side employment and labor law firm. She is incredibly thankful for the Labor & Employment Law Section's generosity in providing this scholarship.

Rohan C. Palmer Jr. is a Florida native born in Orlando and raised in Kissimmee. A former Gateway Panther, he obtained his bachelor’s degree in legal studies, with a minor in criminal justice, at the University of Central

Labor Annual Meeting Agenda Exhibit G1 June 27, 2019

Florida. He then decided the best way to serve his community would be practicing law. He is a recent graduate of Florida A&M University College of Law, graduating cum laude. He interned at several law firms while attending FAMU Law. Rohan will sit for the Florida Bar in July and looks forward to the opportunity to serve his community.

Tara Pachter graduated from Stetson University College of Law this May. During law school, she was Notes and Comments Editor for the Stetson Law Review, President of the ABA-Law Student Division, and teaching assistant to Professor Jason Bent for Employment Discrimination Law and to Dean Emeritus Bruce Jacob for Constitutional Law. She completed two judicial internships during law school, one for Judge Amanda Arnold Sansone of the Middle District of Florida and another for Judge Carl C. Hinson of the Thirteenth Judicial Circuit. She was also previously a law clerk at the Sass Law Firm, which enhanced her desire to one day practice in the field of Labor and Employment Law.

Alan Persaud earned both his Juris Doctorate and International Master of Business Administration degrees at Florida International University, in just three years. Among other activities, Alan was Vice President of the Employment and Labor Law Society, Founding President of the Business Law Society, and Student Bar Association Professional Development Committee Chair. He also served on the FIU Law Review, where he was recognized with the Outstanding Symposium Contribution Award and Outstanding Contribution to FIU Law Review Award. While completing his J.D./M.B.A. degree, Alan served as a Global Labor and Employment Law Clerk at Ryder System, Inc. and Honors Legal Intern at the United States Securities and Exchange Commission. He also worked as a judicial intern to the Honorable Beth Bloom of the United States District Court for the Southern District of Florida. After taking the Florida Bar, Alan will be joining the Lydecker Diaz labor and employment group, at the firm’s Miami office.

Franklin Sandrea-Rivero is a 2019 graduate of St. Thomas University School of Law. While attending St. Thomas, he served as a certified legal intern where he briefed and argued a criminal case in front of the Florida Third District Court of Appeal and obtained a ruling in his client’s favor. He enjoys jogging, biking, playing basketball, spending time with friends, and meditating on God’s word. He also loves podcasts—“Up First,” “Wait Wait…Don’t Tell Me!,” and “Radiolab” in particular. As a recent law school


graduate, he is focused on passing the bar and obtaining a post-graduate clerkship with either a state or federal judge.

Deanna Santo is originally from Long Island, New York, but received her undergraduate degree from UCLA where she minored in Labor and Workplace Studies. While at UCLA, she served as a research assistant in the communications department and developed an interest in Labor and Employment Law. Since then she has continued to cultivate that interest at the University of Miami School of Law. She enjoys coaching soccer, traveling, and going to Marlins games. Deanna is a rising third-year and looks forward to what the future holds.

Evelyn Schwalb grew up in family heavily engaged with Labor Law. Her grandfather helped organize the migrant farmworkers with Cesar Chavez and later served as the National Director of the AFL-CIO. Maintaining this tradition, her father became a labor lawyer, fighting for workers’ rights for five decades in Ohio. Evelyn came to law school after former careers in dance, writing, and higher education administration. She currently works as a law clerk for a Workers' Compensation firm specializing in serving First Responders. At Barry University School of Law, she serves on Law Review and Moot Court, is a Dean's Study Fellow, and will be published this Fall in the Barry University Law Review, writing about Food Law and its potential to support lower-income communities.

Sajmir Xhikola is a rising third-year law student at Western Michigan University Cooley Law School in Tampa. He received his bachelor’s degree in Political Science from Eastern Michigan University in 2013. His desire to pursue a law degree and practice Labor and Employment Law was sparked when he started working in the Organized Labor Movement five years ago. Sajmir intends to use his law degree and expertise to advance workers’ rights and workplace justice. II. Hall of Fame Recognition – Class of 2019 As voted on previously by the Executive Committee, the Section honors the following individuals for their dedicated commitment and significant contribution to the field of Labor and Employment Law: Margaret L. “Margie” Cooper, Alan Gerlach, Russ Hamilton, Bill Radford, and Thomas Steele.


III. Law School Outreach Contact has been made with Dean Reliford at FAMU Law in order to coordinate a “Practicing Labor and Employment Law” talk at FAMU law prior to the next Annual Update and Certification CLE. Cristina will reach out for possible sponsors in the next fiscal year.


EXHIBIT H

Local/Voluntary Bar Committee The Local/Voluntary Bar Committee is pleased to report that we have been successful in continuing to build relationships with voluntary bar associations. With the assistance of the chair of the Section we have been able to expand the participation in the Section’s annual reception to include members of American Constitution Society (“ACS”), in addition to the Federalist Society. The ACS is the nation’s leading progressive legal organization, with over 200 student and lawyer chapters. While the participation of ACS in this year’s reception will be limited, we are hopeful that in future years the involvement of ACS members in Section actives will increase as a result of this relationship. Ryan Barack and Erika Rotbart, Co-Chairs Local/Voluntary Bar Committee

Labor Annual Meeting Agenda Exhibit H June 27, 2019

EXHIBIT I

NLRB/PERC Subcommittee Annual Report Labor and Employment Executive Council Annual Meeting

June 27, 2019 - Boca Raton Resort & Club Janeia Ingram and Gregg Morton, Co-chairs

Over the last year, the NLRB and PERC Subcommittee conducted several

activities and events in conjunction with the goals it submitted at the beginning of the 2018-2019 year. The 44th Annual Public Employee Labor Relations Forum (PELRF) took place October 25-26, 2018, in Orlando, Florida. This conference is the longest-running annual seminar put on jointly by two sections of The Florida Bar—the Labor and Employment Law Section and the City, County, and Local Government Section. PELRF focuses on the labor and employment issues that affect public employers, public employees, and the unions that represent public employees, and is well attended by a diverse spectrum of employment lawyers. A number of areas were covered at the conference, including: practicing before PERC; 11th Circuit Public Sector update; Florida retirement and pension update; disaster preparedness; mandatory subjects of bargaining; a mock special magistrate hearing; and attorney wellness and satisfaction.

The Subcommittee currently is finalizing the agenda and speakers for the 45th

PELRF conference, which will take place again in Orlando at the Rosen Plaza hotel on October 17-18, 2018. Attached is a draft agenda. CLE credit, including technology and ethics credits, are being pursued for this year’s program.

On behalf of the subcommittee, Gregg Morton submitted an article for the Bar

Journal titled “Unfair Labor Practices in Florida’s Public Sector Workplaces.” The subcommittee is also soliciting its members for articles to submit to the Checkoff.

The Subcommittee is also considering goals for 2019-2020. Based on

discussions at the last Subcommittee meeting and with members of the Subcommittee who were unable to attend, we plan to: submit additional articles to the Bar Journal and Checkoff; discuss potential PERC/NLRB webinar topics with the Section’s legal education director; recruit additional members who deal with NLRB issues to the subcommittee; and work with the law school liaison subcommittee to identify and engage with students who are interested in public and private sector labor law.

Labor Annual Meeting Agenda Exhibit I1 June 27, 2019

45th Annual Public Employees Labor Relations Forum

October 17-18, 2019

Rosen Plaza Hotel ~ 9700 International Drive, Orlando, FL 32819

Thursday, October 17, 2019 TIME SESSION SPEAKER(S)

12:45 p.m. – 1:00 p.m. Late Registration

1:00 p.m. – 1:10 p.m. Welcome, Opening Remarks

1:10 p.m. – 2:00 p.m. Federal 11th Circuit and Florida Public Sector Update

Damon Kitchen - Constangy, Brooks & Smith, LLP, Jacksonville

2:00 p.m. – 2:50 p.m. State and Federal Causes of Action for Retaliatory Conduct in Florida Public Employment

Robert Eschenfelder - Trask Daigneault LLP, Clearwater

2:50 p.m. – 3:05 p.m. Break

3:05 p.m. – 3:55 p.m. Special Considerations under FLSA for Public Employers

Linda Bond Edwards – Rumberger Kirk & Caldwell, Tallahassee

3:55 p.m. – 4:45 p.m. EEOC/FCHR Update Rob Sniffen - Sniffen & Spellman, Tallahassee

4:45 p.m. – 5:00 p.m. Break

5:00 p.m. – 6:00 p.m. Section Meetings (All Invited)

6:00 p.m. -7:30 p.m. All Members’ Reception (Included in Registration Fee)

Friday, October 18, 2019 TIME SESSION SPEAKER(S)

8:50 a.m. – 9:00 a.m. Opening Remarks

9:00 a.m. – 9:55 a.m. PERC Update Gregg Riley Morton, Deputy General Counsel Janeia Ingram, Hearing Officer Lyyli Van Whittle, Hearing Officer

9:55 a.m. – 10:45 a.m. Is Florida’s Workplace Still Drug-Free? Discussion of the Impact of Medical Marijuana on Drug-Free Workplace Policies

Sacha Dyson - Gray Robinson, Tampa

10:45 a.m. – 11:00 a.m. Break

11:00 a.m. – 11:50 a.m. FRS & Pension Developments Glenn Thomas and Janice Rustin - Lewis, Longman & Walker, P.A., Tallahassee/West Palm Beach

11:50 a.m. – 1:00 p.m. Luncheon (Included in Registration Fee)

1:00 p.m. – 1:50 p.m. Effective and Ethical Uses ofSocial Media in Litigation

Dixie Daimwood - Dunlap & Shipman, Tallahassee

1:50 p.m. – 2:40 p.m. First Amendment in Public Employment

Don Slesnick - Slesnick & Casey LLP, Coral Gables Cynthia Sass - Sass Law Firm, Tampa Bill Candela - Miami-Dade County, Miami

2:40 p.m. - 3:30 p.m. Best Practices to Avoid Discrimination, Harassment, and Retaliation Claims

Brian Hayden - Jackson Lewis, Jacksonville

3:30 p.m. – 3:40 p.m. Q&A and Closing Remarks


Labor and Employment Law Section ~ NLRB & PERC Liaison Committee

MINUTES

Monday, May 20, 2019 • 12 noon

The Conference Call was called to order at 12:01pm. The following Committee members were

in attendance: Gregg Morton (co-chair), Janeia Ingram (co-chair), David Adams, Christopher

Bentley, Alma Gonzalez, Brett Schneider, Richard Siwica, Marc Sugerman, and Jeanne Charles

Wood.

I. Section Update

The next Section Executive Council Meeting will be during the Bar’s Annual

Meeting in Boca Raton, on June 27, 5:00 pm to 6:30 pm at the Boca Raton Resort &

Club. A reception honoring the Supreme Court Justices will follow.

A joint CLE on “Mediation and Arbitration Issues in Employment Matters: Thinking

Outside the Box” will be presented by the Alternative Dispute Resolution Section and

the Labor and Employment Law Section on Friday, June 28, 9:00 to 11:00 am.

The Section’s Audio Webcast Series will present “Update on Gender Discrimination:

The New Gender Equality” on June 5, 2019, noon to 1:00 pm. Speakers: Lindsey

Wagner, Scott Wagner & Associates, P.A.; Jon Harris Maurer, Equality Florida,

Tallahassee. Cost: $75.

II. Committee Activities & Requests

The 45th Annual Public Employment Labor Relations Forum is scheduled for October

17-18, 2019 at the Rosen Plaza hotel in Orlando. A preliminary schedule is in draft;

however, suggestions for session topics are still being accepted. Committee

members suggested covering the topics of civil services boards and medical

marijuana.

Committee members were requested to author articles and case notes for Section’s

The Checkoff newsletter. Submissions are received on a rolling-basis. Members

may also provide lengthier articles for the Bar Journal; see Gregg Morton for more

information.

III. PERC Update

The latest PERC News, covering January through March, 2019, is now available

online at: http://perc.myflorida.com/news/PERC_News_Jan_-_Mar_2019.pdf.

IV. NLRB Update

Rich Siwica provided a brief update on NLRB cases, noting a significant ALJ

decision that recently issued in Region 12. He encouraged Committee members to

check out the NLRB website to review case analysis as it informs often public sector

labor law.

It was suggested that one of the goals for next year be to solicit more Section

members who practice before the NLRB to join the Committee.

The meeting adjourned at approximately 12:30 pm.


https://tfb.inreachce.com/Details/Information/54b75e1f-de69-4e14-a525-a42bc145e153

https://tfb.inreachce.com/Details/Information/54b75e1f-de69-4e14-a525-a42bc145e153

http://perc.myflorida.com/news/PERC_News_Jan_-_Mar_2019.pdf

EXHIBIT J

June 14, 2019

Labor and Employment Law Section Communications Committee/Website Subcommittee Report

2018-2019 Goals

• Development and rollout of a new section website (including rebranding); Implementation of new EC meeting technology (conference call system).

The website committee completed the development and transition to the new website, including revising the content and making it ADA compliant with respect to accessibility of document files. We also created a new logo for use on the website, social media and on section correspondence. The website went live on May 16, 2019. We urge everyone to take a look at the new website and let us know your feedback. Frank and Yvette have training on June 18, 2019 on the new platform for the website so that we can do as much editing and uploading of information directly to the website without the need to go through the third-party vendor.

• Retention of an administrative assistant for website administration and e-case summaries.

The committee has not yet hired an administrative assistant for the website and e-case summaries because we were waiting for the section website to be completed. For next bar year, we recommend the search for an administrative assistant to do the e-case summaries, the website administration and social media/email communications.

Labor Annual Meeting Agenda Exhibit J June 27, 2019

EXHIBIT K

WORKPLACE HEALTH & SAFETY COMMITTEE REPORT

The Workplace Health & Safety Committee’s goal for this past Bar year was to include a presentation in the area of workplace health and safety in the Section’s CLE programming. That goal was accomplished. Specifically, at the Advanced Labor Topics seminar in Jupiter on April 12-13, 2019, the program included a one-hour update on recent developments under the Occupational Safety & Health Act and its regulations and on employer responsibilities under the Health Insurance Portability and Accountability Act. The Committee will also continue its outreach efforts with the Occupational Safety & Health Administration’s Florida offices.

Labor Annual Meeting Agenda Exhibit K June 27, 2019

EXHIBIT L

Ms. Scott and Mr. Adams, thank you again for letting me come to address your council meeting next week. For your members who don’t know me, attached is my current curriculum vitae from my firm Gunster.

A key point I would like your members to know is that I am a working lawyer who has practiced in large firms (Holland & Knight and now Gunster), but who also founded and ran a successful small firm business for 12 and a half years. I know the pressures of both practice models and I can identify with a great many of our members’ experiences practicing law. I am seeking this office because our profession and our Bar have real challenges ahead that will require experienced leadership. Background information about me that I would particularly like your members to know is as follows:

• Law Firm Management o Co-founder and manager of boutique litigation firm in Jacksonville—Tanner

Bishop (2006-2018) Three to seven lawyers

• Board of Governors Service o Representative of 4th Circuit since 2011 o Legislation Committee

Chair or co-chair for 3 of last 5 years Member (2011-2019)

o Board Constitution Revision Committee Co-chair (2016-2018) Co-recipient of President’s Service Award for service of this committee

(2018) o Program Evaluation Committee

Chair (2016-2017) Member (2011-2019)

• Other Florida Bar Service o Trial Lawyers Section

Chair (1999-2000) Executive Council member (1992-1999)

o Board of Legal Specialization and Education (BLSE) Chair (2008-2009) Member (2004-2008) Recipient of Harry Lee Anstead Board Certified Lawyer of the Year

Award (2010) I look forward to seeing you next week. Best, Mike

Michael G. Tanner Florida Bar Board Certified - Civil Trial Law; Business Litigation 225 Water Street, Suite 1750 Jacksonville, FL 32202 P 904-350-7169 gunster.com

Labor Annual Meeting Agenda Exhibit L1 June 27, 2019

http://www.gunster.com/

PRACTICE AREASBusiness LitigationAppellateProfessional Liability & Legal Malpractice DefenseElection Law

PRIMARY OFFICE225 Water StreetSuite 1750Jacksonville, FL 32202

T: [email protected]

Mike Tanner is a seasoned legal strategist with more than thirty years of experience. He is dedicated to bringing that depth of experience and perspective to every client matter in which he is involved. Mike's primary areas of practice include complex litigation, appellate (state and federal courts) and election law. Mike is board certified in both civil trial and business litigation by The Florida Bar Board of Legal Specialization and Education and he is rated "AV-Preeminent" by Martindale-Hubbell, Inc.

In addition, Mike is listed in The Best Lawyers in America for Bet-the-Company Litigation, Commercial Litigation and Appellate Law. He is also named among The Best Lawyers in America as a 2019 "Lawyer of the Year" in Jacksonville for Bet-the-Company litigation. Mike has been recognized in Florida Trend Magazine's "Legal Elite" (2006-2019) and The Hall of Fame (2014-2019), as well as in Super Lawyers magazine (2007-2019; “Top 100” attorneys in Florida in 2012, 2013, 2018 and 2019).

In March 2012, Mike was inducted as a Fellow of the American College of Trial Lawyers.

Michael G. TannerShareholder


EDUCATIONUniversity of Florida, J.D., 1978Davidson College, A.B. Economics, 1975

BAR & COURT ADMISSIONSU.S. Supreme CourtU.S. Courts of Appeals for the Third and Eleventh CircuitsU.S. District Courts for the Northern, Middle & Southern Districts of FloridaThe Florida Bar

PROFESSIONAL ASSOCIATIONS & MEMBERSHIPSFellow of the American College of Trial Lawyers, 2012-presentThe Florida Bar Board of Governors, representing the 4th Judicial Circuit, 2011-presentAmerican Board of Trial Advocates (ABOTA), member, 2003-present

President, Jacksonville Chapter, 2016The Florida Bar Board of Legal Specialization and Education, 2004-09

Chair, 2007-08First District Appellate American Inn of Court, 2008-present (emeritus)

President, 2011-12Chester Bedell Inn of Court, 2004-present (emeritus)

HONORSAV Preeminent rating as independently determined by Martindale-HubbellThe Best Lawyers in America®, Bet-the-Company Litigation, Commercial Litigation and Appellate Law, 2006-2019

Bet-the-Company Litigation "Lawyer of the Year" in Jacksonville, 2018, 2019

Florida Trend, "Legal Elite," 2006-19Hall of Fame, 2014-19

Florida Super Lawyers, 2007-19"Top 100 Lawyers in Florida," 2012, 2013, 2018-19"Top 25 Lawyers in Jacksonville," 2018-19

PRESENTATIONS & PUBLICATIONS“Bank Customers Beware: Recovery of Unauthorized Electronic Funds Transfers Isn’t So Easy," The Florida Bar Journal, co-author, April 2017Nikolai Returns, Telemachus Press, 2012“Basic Steps for Good Peer Review," author, The Florida Bar Journal, February 2010“RICO Claims: The Challenge of Alleging the ‘Pattern’ Element," co-author, The Florida Bar Journal, May 2002“IRS Misconduct in an Audit: Is There a Civil Remedy?” The Tax Lawyer, Vol. 55, No. 1, ABA/Georgetown University Law Center, Fall 2001“Federal Judgments In Florida – Still Good After 5 Years," author, The Florida Bar Journal, December 1999“Releases – Make Sure They Bring Finality," author, The Florida Bar Journal, December 1998

Michael G. TannerShareholder


EXHIBIT M

2019 – 2209 PROPOSED SLATE

LABOR AND EMPLOYMENT LAW SECTION

OFFICERS

Chair David Adams

Chair-Elect Robyn S. Hankins

Secretary/Treasurer Scott Atwood (PROPOSED)

Legal Education Director Sacha Dyson (PROPOSED)

Immediate Past Chair Cathleen Scott Board Liaison Joshua T. Chilson

2021 (PROPOSED) EXECUTIVE COUNCIL David E. Block Yvette D. Everhart Richard E. Johnson Jay P. Lechner Brian L. Lerner Carlo D. Marichal Patrick Martin Hon. Stephanie W. Ray David H. Spalter Leslie Reicin Stein Lindsey Wagner

2020 EXECUTIVE COUNCIL Ryan D. Barack Robert M. Eschenfelder Karen Evans Chelsie J. Flynn Kristen Foslid Jennifer Fowler-Hermes Hon. Robert L. Kilbride Gregg R. Morton Marlene Quintana Cristina Velez

PAST CHAIRS Zascha Blanco Abbott Deborah C. Brown Hon. Frank E. Brown Sherril M. Colombo Gregory A. Hearing Eric J. Holshouser F. Damon Kitchen Leslie W. Langbein Shane T. Muñoz Cynthia N. Sass Jill S. Schwartz Robert S. Turk

Labor Annual Meeting Agenda Exhibit M June 27, 2019

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