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Overview

Andrew Rodman is a Shareholder in the Firm's Labor & Employment Law Department and a member of the Firm's Board of Directors. Andrew's labor & employment law practice encompasses both counseling and litigation on behalf of employers.

On the counseling side, Andrew takes pride in developing working partnerships with his clients to analyze problems and implement practical solutions to the broad range of issues that executives and Human Resource professionals regularly encounter. Those issues include the hiring process, background screening and Fair Credit Reporting Act compliance, drug testing and Drug-Free Workplace issues, compliance with federal, state and local EEO laws, discipline, termination, reduction in force, workplace safety, conducting internal investigations and audits, drafting personnel policies, drafting severance and release agreements, drafting employment contracts, independent contractor agreements and non-compete agreements, managing leave-related issues under the FMLA, ADA and USERRA, wage and hour compliance, and protecting confidential and proprietary information.

On the litigation side, Andrew defends clients before administrative agencies (such as the EEOC and Florida Commission on Human Relations, and U.S. Department of Labor), federal and state courts, and arbitration panels against claims of employment discrimination, harassment, retaliation and whistleblower retaliation, unpaid wages (including overtime, minimum wage, and commissions), OSHA compliance, defamation, and family, medical and military leave. Andrew has litigated claims under Title VII, ADA, ADEA, FMLA, FLSA, USERRA, OSHA, Sections 1981 and 1983, and their state counterparts.

Andrew also represents clients in non-compete, trade secret, and employment contract litigation.

Andrew conducts management training and internal audits for clients as preventative measures aimed at avoiding internal complaints, administrative investigations, and costly litigation.

Andrew is a co-editor of the Florida Employment Law Letter (a BLR publication) and a regular contributor to the Firm’s labor and employment law blog, BeLabor the Point. He currently is serving a 3-year term on the Florida Bar Grievance Committee (2016 Chair). Andrew has served as Legislative Director on the Board of the Greater Miami Society for Human Resource Management.

Before joining the Firm, Andrew worked in the New Haven/Hartford, Connecticut firm Siegel, O’Connor, Schiff & Zangari (1996-1998), and in the Boston, Massachusetts firm Stoneman Chandler & Miller (1998-2000). At each of those firms, Andrew represented management in labor and employment law.

Representative Experience

  • Delva v. The Continental Group, Inc., 137 So. 3d 371 (Fla. 2014) – represented The Continental Group in defense of sex and pregnancy discrimination claims, and argued the case before Florida’s Third District Court of Appeal and the Florida Supreme Court.
  • Florida’s Fourth District Court of Appeal affirmed jury verdict entered for international banking institution on national origin discrimination claims.
  • Represented golf courses and country clubs in defense of individual and collective action overtime claims, negotiation of employment and separation agreements, and defense of discrimination, harassment, and retaliation litigation.
  • Obtained summary judgment on behalf of retail grocery chain on race and national origin discrimination claims.
  • Obtained summary judgment in federal court on behalf of national banking institution on Family and Medical Leave Act claims.
  • Obtained summary judgment on behalf of local banking institution on race, color, and national origin discrimination claims.
  • Represented cruise line in collective action overtime litigation involving more than 70 opt-in plaintiffs.
  • Obtained summary judgment on behalf of local banking institution on whistleblower retaliation claim.
  • Obtained dismissal, following 3-day evidentiary hearing, of race and age discrimination claims asserted against property management company.
  • Obtained dismissal of race and age discrimination claims asserted against national banking institution.
  • Represented timeshare company in collective action overtime litigation involving in excess of 700 opt-in plaintiffs.
  • Florida’s Fourth District Court of Appeal affirmed summary judgment for retail grocery chain on sexual harassment claim.
  • Obtained summary judgment in federal court on behalf of medical billing review company on claims of sexual harassment, intentional infliction of emotional distress, negligent supervision, and negligent retention.

Recognition

  • AV Rated by Martindale-Hubbell
  • Employers Counsel Network, Best Column (“Ask Andy” – Florida Employment Law Letter), 2015

Publications & Presentations

Publications: 21st century hiring: The times they are a-changin’
Florida Employment Law Letter|June 2017

Events: Analyzing the Analytics, Artificial Intelligence & Algorithms of the 21st Century Workplace
Stearns Weaver Miller's 27th Annual Labor and Employment Law Seminar|May 2017

Publications: Another Attempt To Pass Private Sector Comp-Time Legislation
BeLabor The Point Blog|May 2017

Publications: Internal investigations: duty to investigate and confidentiality
Florida Employment Law Letter|April 2017

Publications: Calculating FMLA leave exhaustion for reduced-schedule leave
Florida Employment Law Letter |March 2017

Events: Advanced Skills for Employee Leave Management
2017 FMLA Master Class: Florida |February 2017

Publications: Supreme Court will settle the score on class action waivers
Florida Employment Law Letter|February 2017

Publications: Co-Editor, Florida Employment Law Letter
January 2017

Publications: Co-Editor, Florida Employment Law Letter
December 2016

Publications: Paying nonexempt employees by the day or the job
Florida Employment Law Letter|November 2016

Publications: Dreaded ultimatum: Cut your hair or get out of here!
Florida Employment Law Letter|October 2016

Events: Employment Law Review
The Rural Broadband Association 2016 Legal Seminar|October 2016

Events: Florida Advanced Skills for Wage and Hour Compliance
2016 FLSA Master Class|October 2016

Publications: Words Matter: Preparing For A Reduction In Force
BeLabor The Point Blog|September 2016

Publications: Time to revisit your standard separation agreement?
Florida Employment Law Letter|September 2016

Publications: When your top performer refuses to sign a noncompete
Florida Employment Law Letter|July 2016

Publications: Is it discrimination if my actions are well-intentioned?
Florida Employment Law Letter|June 2016

Events: Going Into Labor: Pregnancy & Workplace Complications
Stearns Weaver Miller's 26th Annual Labor and Employment Law Seminar|May 2016

Publications: Employment agreements and at-will employees can go together
Florida Employment Law Letter|May 2016

Publications: Don’t forget to check FMLA eligibility
Florida Employment Law Letter|April 2016

Publications: You can’t sue me . . . I sued you! Liability for HR employees
Florida Employment Law Letter|March 2016

Publications: 2-4-6-8 Minimum Wage Is Not So Great: NFL Cheerleaders Fight Back
BeLabor the Point Blog |February 2016

Publications: Navigating the FLSA’s ‘on-call’ rules
Florida Employment Law Letter|February 2016

Publications: Working during FMLA leave
Florida Employment Law Letter|January 2016

Events: New FMLA Developments
2015 Greater Miami Society for Human Resource Management GMSHRM Legal Update |December 2015

Publications: Go directly to jail: individual liability for overtime violations
Florida Employment Law Letter|December 2015

Publications: Is a ‘paid leave’ on the horizon in Florida?
Florida Employment Law Letter|November 2015

Publications: Is “Paid Leave” on Florida’s Horizon?
BeLabor the Point Blog |October 2015

Publications: When is a ‘trainee’ really an employee entitled to pay?
Florida Employment Law Letter|October 2015

Publications: Are unmarried parents entitled to FMLA Leave?
Florida Employment Law Letter|October 2015

Publications: Breastfeeding and depositions and politicians . . . oh my!
Florida Employment Law Letter|September 2015

Publications: Breast Pumps, Depositions, and Politicians
BeLabor the Point Blog |August 2015

Publications: Expanding Title VII: Who needs Congress when we have the EEOC?
Florida Employment Law Letter|August 2015

Publications: Who Needs Congress When We Have The EEOC?
BeLabor the Point Blog |July 2015

Publications: Shhh. Be Vewy, Vewy Quiet: Elmer J. Fudd Takes On The NLRB
BeLabor the Point Blog |July 2015

Publications: OMG! Your Policy Says What?
BeLabor the Point Blog |June 2015

Publications: Referral bonuses, diversity, and disparate impact liability
Florida Employment Law Letter|June 2015

Publications: A picture may be worth a thousand words (or thousands of dollars)
Florida Employment Law Letter|June 2015

Events: The Six Pre-Employment Issues Most Likely to Bite You in the Backside
Stearns Weaver Miller’s 25th Annual Labor & Employment Law Seminar |May 2015

Publications: Title VII protection for transgender employees
Florida Employment Law Letter|May 2015

Publications: Proving Emotional Harm: Using One’s “Head”
BeLabor the Point Blog |April 2015

Publications: Common ¢ent$, Glass Ceilings, and a 9-Year Old Girl
BeLabor the Point Blog |April 2015

Publications: Moonlighting during FMLA leave
Florida Employment Law Letter|April 2015

Publications: Sign here or go home - you have 5 minutes
Florida Employment Law Letter|April 2015

Events: Overcome Compliance and Employee Leave Challenges
2015 FMLA Master Class for Florida Employers|March 2015

Publications: Same-Sex FMLA Coverage: Where You Were Married, Not Where You Live
BeLabor the Point Blog |March 2015

Publications: FMLA eligibility pitfalls: ‘You worked here when?
Florida Employment Law Letter|March 2015

Publications: 6 Words That Cost An NBA Star $25,000
BeLabor the Point Blog |February 2015

Publications: 11th Circuit rejects employer’s ‘blame the employee’ defense to overtime claim
Florida Employment Law Letter|February 2015

Publications: The retroactive FMLA designation dilemma
Florida Employment Law Letter|January 2015

Publications: FMLA reinstatement rights for ‘key’ employees
Florida Employment Law Letter|November 2014

Publications: An EGGcellent Employee Benefit or a Degrading Message?
BeLabor the Point Blog |October 2014

Publications: After Ray Rice Scandal, A Timely Review of Employee Domestic-Violence Leave
Daily Business Review|September 2014

Publications: Religion In The Workplace: Ignorance May Be Your Savior
BeLabor the Point Blog |August 2014

Publications: Administration of FMLA leave starts with a well-written policy
Florida Employment Law Letter|August 2014

Publications: Bathroom Breaks & Decreased Productivity #HoldItIn2WinAPrize
BeLabor the Point Blog |July 2014

Publications: Is it Reasonable to Accommodate the Fear of Rush Hour Traffic?
BeLabor the Point Blog |July 2014

Publications: The Wage & Hour Battle Rages On
BeLabor the Point Blog |June 2014

Publications: Effective Use Of Non-Compete Agreements
BeLabor the Point Blog |June 2014

Publications: The Unpaid Internship: A Trap For The Unwary Employer
Daily Business Review|June 2014

Publications: Social Media: A Blessing & A Curse For Employers
BeLabor the Point Blog |June 2014

Publications: Avoiding reverse disability discrimination claims
Florida Employment Law Letter|June 2014

Publications: A Little HR Humor: Employee Tardiness
BeLabor the Point Blog |May 2014

Publications: Plight Of The Long-Term Unemployed
Daily Business Review|May 2014

Publications: Hey, NBA Commissioner Silver, Way To Flex Your HR Muscle
BeLabor the Point Blog |May 2014

Publications: 11th Circuit clarifies scope of nonwaivable FMLA rights
Florida Employment Law Letter|May 2014

Events: Whiners or Winners? Whistleblowers Who “Tee Off” on Employers
Stearns Weaver Miller’s 24th Annual Labor and Employment Law Seminar|May 2014

Publications: Pay To Quit Policies: “Go On, Take The Money And Run”
BeLabor the Point Blog |April 2014

Publications: Jail Staffer’s Response to Complaints Aids & Abets Sexual Harassment
BeLabor the Point Blog |April 2014

Publications: RAGE, Stigma, and… Paternity Leave
BeLabor the Point Blog |April 2014

Publications: Kids say the darnedest things: Daughter mouths off about Dad’s settlement
Florida Employment Law Letter|April 2014

Events: Overcoming Compliance and Employee Leave Challenges
2014 FMLA Master Class for Florida Employers|March 2014

Publications: Balancing attendance requirements and accommodation obligations
Florida Employment Law Letter|March 2014

Publications: FMLA policy translation
Florida Employment Law Letter|February 2014

Publications: Co-Editor, Florida Employment Law Letter
January 2014

Events: Sound (And Unsound) Hiring Practices: Don’t Stumble Right Out Of The Gate
2013 Greater Miami Society for Human Resource Management GMSHRM Legal Update|September 2013

Events: The Wage and Hour Virus: Has Your Workplace Been Vaccinated?
Stearns Weaver Miller’s 23rd Annual Labor and Employment Law Seminar|May 2013

Publications: Florida Employment Law Manual
Florida Chamber of Commerce|January 2013

Events: The Year In Review
2012 Greater Miami Society for Human Resource Management GMSHRM Legal Update |September 2012

Events: The Two Minute Drill: How to Conduct Employee Investigations
Stearns Weaver Miller’s 22nd Annual Labor and Employment Law Seminar|May 2012

Events: Revenge of the FLSA: Top 10 Things Employers Do That Get Them Sued
Stearns Weaver Miller’s 21st Annual Labor & Employment Law Seminar|May 2011

Events: 2010 Update: What’s New?
2010 Greater Miami Society for Human Resource Management GMSHRM Legal Update|September 2010

Publications: DOL Issues Guidance Regarding Break Time for Nursing Mothers
Labor & Employment |July 2010

Events: Bert Harris Private Property Rights Protection Act
CLE International Land Use Law Conference|May 2010

Events: Tight Fitting Genes
Stearns Weaver Miller’s 19th Annual Labor and Employment Law Seminar |May 2009

Events: Are You Ready for the Changes to the FMLA and ADA
Stearns Weaver Miller Labor & Employment Breakfast Series|January 2009

Events: Employment Law Speed Dating
Stearns Weaver Miller’s 18th Annual Labor & Employment Law Seminar|May 2008

Events: The Collective Action Lawsuit – What It Is And How To Prevent It
December 1993

Events: Wages Are Now A Class Act: New Trends In FLSA Litigation
December 1993

Events: Incoming Wage & Hour Lawsuits – Are You A Target?
December 1993

Events: What’s New in Employment Law and Healthcare Reform?
December 1993

Events: Occupational Safety Health Act: Newsflash – OSHA Is Not Dead
December 1993

Events: Americans with Disabilities Act Amendments of 2008
December 1993

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