Law and the Workplace
Allan Weitzman

Allan Weitzman

Partner

Allan H. Weitzman, named twice by Best Lawyers as "Lawyer of the Year" in Employment Law–Management in Fort Lauderdale (2016) and Miami area (2013), is a partner in the Labor & Employment Law Department and head of the labor and employment team in the Boca Raton office. He also is co-head of the Disability, Accommodations & Leave Management Group and co-head of the Policies, Handbooks & Training Group.

Allan's practice is multifaceted. Much of the time he is either litigating in state or federal court at the trial and appellate levels. He also represents employers before administrative agencies responsible for the enforcement of the numerous antidiscrimination laws and before the National Labor Relations Board. His experience includes negotiating collective bargaining agreements and arbitrating contract disputes. In addition, Allan has provided valuable day-to-day and crisis advice to clients in a wide range of businesses and industries, including retailers, banks, insurance, securities, health care, lodging and gaming, television networks, maritime, public utilities, sports and entertainment, beer distributors, manufacturing facilities and construction. On any given day, the scope of his practice could include personnel policy planning, sexual harassment, avoiding litigation when terminating employees, union election campaigns and employee benefit plans.

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EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA

The Equal Employment Opportunity Commission (“EEOC”) has issued two final rules addressing employer-sponsored wellness programs’ compliance with Title I of the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information Nondiscrimination Act (“GINA”). Both rules will become effective for health insurance plan years beginning on or after January 1, 2017 and will … Continue Reading

EEOC Releases New Guidance on Unpaid Leave as a Reasonable Accommodation Under the ADA

The Equal Employment Opportunity Commission (“EEOC”) has released new guidance on unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The guidance, issued on May 9, 2016, makes clear that employers must not only provide employees with disabilities access to leave as an accommodation on the same basis as similarly situated … Continue Reading

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing to make its website accessible to a blind customer. This summary judgment decision is noteworthy because in addition to holding that … Continue Reading

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under the ADA

In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act (“ADA”), even following the 2008 amendments to the ADA that broadened the definition of what is considered a protected disability. … Continue Reading

Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers, the Second Circuit recently held in Graziadio v. Culinary Institute of America that a Director of Human Resources “may be” individually … Continue Reading

Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act

Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined the Ninth Circuit and held that it does.  The decision is a good reminder that the Rehabilitation Act has a broader reach … Continue Reading

New Guidance on “Use It or Lose It” Vacation Policies in Colorado: What Is “Earned” Cannot Be Forfeited

The Colorado Wage Protection Act, which amended the existing Colorado Wage Act, § 8-4-101, et seq., governs payment of wages for work performed in Colorado. The Act became effective on January 1, 2015, and is enforced by the Colorado Division of Labor (“Division”). Under the Act, vacation pay, earned in accordance with the terms of … Continue Reading

DOJ Announces Postponement of the Release of Proposed Web Accessibility Regulations for Public Accommodations Until 2018

Businesses awaiting guidance from the U.S. Department of Justice (DOJ) on accessibility of online content for places of public accommodation under Title III of the Americans with Disabilities Act (ADA) were once again disappointed when the DOJ recently announced that it is pushing back the release of its proposed regulations until fiscal year 2018. As … Continue Reading

U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with Disabilities Act

Retail stores, restaurants, event venues, and other places of public accommodation seeking guidance on accessible design requirements under the Americans with Disabilities Act (“ADA”) should be aware of the latest installment of technical bulletins recently released by the U.S. Access Board, the federal agency tasked with developing accessible design criteria for individuals with disabilities. The … Continue Reading

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to fight discrimination against individuals with disabilities in many aspects of everyday life, including in the workplace and in … Continue Reading

DOJ Releases Supplemental Guidance on Service Animals Under the Americans with Disabilities Act

With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions regarding service animals and the ADA.   This additional guidance is intended to be read in conjunction with the DOJ’s previous July 2011 technical … Continue Reading

Proposed Web Accessibility Regulations for Public Accommodations Delayed Yet Again

The U.S. Department of Justice (DOJ) has once again pushed back the anticipated issue date for proposed regulations governing accessibility of online content for places of public accommodation governed by Title III of the Americans with Disabilities Act. According to the recently released Spring 2015 Unified Agenda, the proposed regulations, which had last been slated … Continue Reading

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her] pregnancy was affecting [her] effectiveness” and who had complained about this to the employer’s Ethics Hotline. In … Continue Reading

Miami-Dade County Expands its Human Rights Law to Ban Discrimination on the Basis of Gender Identity and Gender Expression

On December 2, 2014, Miami-Dade County Commission amended the County’s Human Rights Ordinance (Chapter 11A of the Code of Ordinances of Miami Dade County, Florida) to prohibit discrimination based on gender identity and expression. The new law defines “gender identity” as “a person’s innate, deeply felt psychological identification as a man, woman or some other … Continue Reading

Pregnancy Is a Protected Characteristic Under the Florida Civil Rights Act

In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy. Delva v. Continental Group, Inc., 137 So. 3d 371 (Fla. 2014). In its 6-1 decision, the Supreme Court found that “the … Continue Reading

Update: It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

The Attorney General recently announced that the deadline for providing public comment on the aforementioned NPRM regarding captioning and audio description in movie theaters has been extended for an additional sixty days from September 30, 2014 to December 1, 2014.  The extension was granted based upon a public request citing the number and complexity of … Continue Reading

Nine More States, One City, and a Territory Increase Minimum Wage

Continuing a growing national trend, Minnesota, West Virginia, Maryland, Hawaii, Vermont, Michigan, Delaware, Rhode Island, Massachusetts, Guam, and the city of Seattle recentlyenacted laws raising the minimum wage in their respective jurisdictions. This client alert highlights key provisions of these new laws and examines the implications for covered employers. Minnesota Minnesota’s minimum wage will gradually … Continue Reading

Special Report: Social Media Roundup

Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective and/or current employees with increased social media protections. Read this special report to learn more about the new laws and the implications for covered employers. In this issue: Rhode Island Louisiana New Hampshire Oklahoma Takeaway Read the full text of the … Continue Reading

Update: It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

Starting today, August 1, 2014, and until September 30, 2014, DOJ is seeking public comment on a number of issues related to the aforementioned NPRM regarding captioning and audio description in movies theaters.  This includes the issue mentioned above regarding whether closed captioning and audio description requirements should also apply to theaters showing movies in … Continue Reading

It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

On July 25, 2014, the U.S. Department of Justice (“DOJ”) announced the impending publication of a Notice of Proposed Rulemaking (“NPRM”) covering closed captioning and audio description requirements for movie theaters.  This NPRM seeks to create a consistent nationwide standard for theaters to exhibit movies that are available with closed captioning and audio description at … Continue Reading

eBay and National Federation of the Blind Pair Up for Web Accessibility Initiative

Online marketplace eBay and the National Federation of the Blind (NFB) recently announced a partnership aimed to enhance the accessibility of eBay’s website and mobile applications.  This “Web 2.0 Sustainable Accessibility Partnership Agreement” aims to provide individuals with visual impairments increased access to the goods and services available on eBay by optimizing the use of … Continue Reading

California District Court Holds Redbox Not Required to Offer Captioning On Its Website, Affirming Ninth Circuit Position that Entities that Purely Exist in Cyber-Space Are Not Places of Public Accommodation Under the ADA

Yet another district court in the Ninth Circuit has affirmed the position that websites with no nexus to traditional brick and mortar places of public accommodation are not in and of themselves places of public accommodation under Title III of the Americans with Disabilities Act (ADA), while also underscoring that Title III does not require … Continue Reading

The Wait Continues for the Release of the DOJ Website Accessibility Regulations

For those eagerly anticipating word from the U.S. Department of Justice (DOJ) on the proposed regulations governing website accessibility requirements and technical standards for the websites of both places of public accommodation and state and local governments, the wait continues.  According to a recently released Unified Agenda, the proposed public accommodation website regulations, which were … Continue Reading

EEOC Publishes Advisory Letter On Use of Forms In the ADA Interactive Process

Employers seeking to adopt standardized forms relating to the ADA’s interactive process need to familiarize themselves with a recently published EEOC advisory letter commenting on a sample policy, request for accommodation questionnaire, and health care provider questionnaire. While the advisory letter does not provide the exact policy and forms in question, the materials did provide … Continue Reading
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