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2024 Proposed Bills Affecting Florida Public and Private Employers

The 2024 Florida Legislative Session is officially in full swing. Below is a list of proposed bills that, if passed, may affect employers moving forward. The Employment team at RumbergerKirk will continue to monitor all...more

Association Leaders Be Ready, AI is Here

The term “artificial intelligence” was coined in 1955 when researchers at Stanford University theorized that every aspect of human learning, or any other feature of human intelligence, could be so precisely described that a...more

Confusion Follows Eleventh Circuit Decision In Seminal ADA Website Case Vacating Its Prior Ruling In Favor Of Winn-Dixie Based On...

The litigation landscape for Americans with Disabilities Act (ADA) website claims grew murkier after the Eleventh Circuit Court of Appeals vacated its previous ruling in the grocery store chain’s favor. In Gil v. Winn-Dixie...more

Eleventh Circuit Vacates First-of-Its-Kind ADA Website Accessibility Judgment Against Grocery Store Chain

In a long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., a divided Eleventh Circuit Court of Appeals vacated and remanded what had been a ground-breaking Florida district court ruling, finding Winn-Dixie liable to a blind...more

Court Clarifies Applicability of Statute of Limitations for the Medicare Secondary Payer Act’s Private Cause of Action

RumbergerKirk attorneys Nicole Smith, Samantha Duke, and Jeffrey Grosholz secured a final summary judgment in MSPA Claims 1, LLC v. Tower Hill Prime Insurance Co. in the United States District Court for the Northern District...more

Fifth DCA Finds Florida’s Private Whistleblower Act Requires Proof of But-For Causation

In a recent decision by the Fifth District Court of Appeal, the court held that the proper causation standard in retaliation claims brought under Florida’s Private Whistleblower Act (“FWA”) is but-for causation. This...more

Remain Mindful Of ADA Mask Policies

Protecting customers and employees during the COVID-19 pandemic is now, more than ever, a top concern for retail businesses. Many retailers have instituted mandatory face mask policies pursuant to federal and state...more

INSIGHT: Can Retailers Refuse to Serve Maskless Customers? Check ADA Rules

Retail businesses instituting face mask policies need to understand the Americans with Disability Act’s prohibitions and requirements to help avoid potential litigation, RumbergerKirk attorneys say. In cities and states that...more

Coronavirus Q&A: A Legal Resource Guide for Employers

Guidance on Paying Employees - (Based on guidance from the United States Department of Labor) Employers should bear in mind that state and federal laws may be modified as the United States deals with this pandemic. ...more

How Businesses Can Defeat Website Accessibility Lawsuits

Most large and midsize companies have faced a new reality in recent years—make their websites accessible to people with disabilities, or face exposure to lawsuits claiming that the sites violate the Americans with...more

More ADA Lawsuits Targeting Mobile Apps Are Likely Ahead

The U.S. Court of Appeals for the Ninth Circuit earlier this year in Robles v. Domino’s Pizza LLC, became the first circuit to expressly extend Title III of the Americans with Disabilities Act to mobile...more

What Law Enforcement Executives Need To Know About Website Accessibility Claims

The new battleground for plaintiffs filing Americans with Disabilities Act (“ADA”) accessibility cases involves claims of barriers, not in physical space, but in cyber space. ...more

What Happened?!? Five Reasons Why Your Sexual Harassment Training Isn't Working

Each day brings news about yet another sexual harassment claim against a high-profile and powerful man. Just to name a few in the broadcasting industry: Bill O’Reilly, Charlie Rose, and now Matt Lauer. As women continue to...more

Blind Plaintiff Prevails in First-of-Its-Kind ADA Website Accessibility Trial against Grocery Store Chain

In what is believed to be the first Americans with Disabilities Act (“ADA”) accessibility lawsuit to go to trial in Florida, Gil v. Winn-Dixie Stores, No.: 16-cv-23020-RNS (S.D. Fla. June 13, 2017), Juan Carlos Gil prevailed...more

FCRA Retaliation Claims Require Proof of But-For Causation According to Fourth DCA

In an en banc decision by the Fourth District Court of Appeal in Palm Beach Cty. Sch. Bd. v. Wright, Case No. 4D16–112, WL 1278072 (Fla. 4th DCA Apr. 5, 2017), the court adopted a new standard on causation for Florida Civil...more

What To Know About Website Accessibility Claims

The new battleground for Plaintiffs filing ADA accessibility cases involves claims of barriers not in physical space but in cyber space. The Plaintiffs’ bar has become more aggressive in filing claims asserting that public...more

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