Jurate Schwartz

Jurate Schwartz is a special employment law counsel in the Labor & Employment Law Department. She devotes her practice to counseling clients in employment matters, as well as representing employers in federal and state litigations, arbitrations and administrative proceedings.

Jurate’s practice includes providing advice on compliance with various laws affecting the workplace, including the FMLA, ADEA, Title VII, ADA, FLSA and similar state and local laws. She counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law. Jurate is experienced in conducting wage-and-hour audits under federal and state wage-hour laws and advising clients on classification issues. She also assists clients in drafting employment, consulting and separation agreements and various restrictive covenants.

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Intersection Between Return-to-School and FFCRA

By Evandro Gigante, Harris Mufson and Jurate Schwartz on August 28, 2020 Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures

As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA leave if the employee is unable to work (or telework) due to a need for leave to care for their … Continue Reading

COVID-19: Navigating WARN Act Issues During These Uncertain Times

By Guy Brenner, Joseph Baumgarten, Jurate Schwartz, Nayirie K. Mehdikhani and Steven J. Pearlman on April 6, 2020 Posted in Coronavirus, Workplace Restructuring and WARN

COVID-19: Navigating WARN Act Issues During These Uncertain Times As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the extent layoffs, reductions of hours and closures are under consideration, employers need to be … Continue Reading

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

By Allan Weitzman, Jurate Schwartz and Katharine Parker on December 31, 2015 Posted in Wage and Hour

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

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

By Allan Weitzman and Jurate Schwartz on December 9, 2014 Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Workplace Policies and Procedures

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

By Allan Weitzman and Jurate Schwartz on December 4, 2014 Posted in Discrimination, Harassment and Retaliation

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

By Allan Weitzman and Jurate Schwartz on October 14, 2014 Posted in Discrimination, Harassment and Retaliation

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

The Florida Civil Rights Act Amendment

By Allan Weitzman and Jurate Schwartz on November 1, 2013 Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Litigation and Arbitration, Workplace Policies and Procedures

The Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment based on many protected categories but pregnancy is not expressly listed as one of them. There has been a split in the Florida District Courts of Appeal as to whether pregnancy is covered under the FCRA. To resolve the split, the Florida Supreme Court heard … Continue Reading