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Overview

Giselle Gutierrez is a Shareholder in the Labor & Employment and Litigation Departments. Her labor and employment experience includes representing clients before administrative agencies (such as the EEOC and the NLRB) and federal and state courts in cases involving employment discrimination, retaliation, unpaid wages, defamation and claims under the FMLA, ADA, ADEA, Title VII, and more. Giselle also handles non-compete and employment contract litigation, and counsels clients on data security issues.

Giselle provides advice and counseling to employers to minimize the risk of litigation. She counsels clients in all aspects of employment, including, employment and age discrimination; wage and hour practices; accommodation of disabilities; family and medical leave; employee discipline, evaluation and discharge; reductions-in-force; drug abuse and testing; and workplace privacy. In addition, Giselle frequently conducts seminars and trainings for clients and professional organizations on labor & employment laws.

Giselle clerked for The Honorable Paul C. Huck, United States District Judge for the Southern District of Florida. Judge Huck sat, by designation, as a member of a United States Circuit Court appellate panel five times during Giselle’s clerkship, and she gained valuable insight into the workings of and practice before the federal appellate courts as well as the District Court.  

Prior to joining the Firm, Giselle was a judicial intern for The Honorable Virginia M. Hernandez Covington of the United States District Court for the Middle District of Florida and for The Honorable Marcia G. Cooke of the United States District Court for the Southern District of Florida.

Representative Experience

  • Obtained summary judgment victory in federal court for multinational food distributor against former employee seeking overtime wages due to alleged misclassification.
  • Obtained judgment in federal court trial for excess completion cost damages, attorneys’ fees and costs, on behalf of municipality against surety arising from surety’s breach of performance bond involving two components of $120 million public works project.
  • Obtained victory for client after evidentiary hearing in defense of a motion for temporary restraining order in a case involving a non-compete agreement.
  • Obtained favorable settlement for client resulting in dismissal of age discrimination case.
  • Assisted in obtaining a favorable settlement, on behalf of a professional basketball team, of a dispute with the architects of its arena.
  • Experience includes labor and employment defense, contract disputes, business torts, False Claims Act cases, and professional malpractice defense.
  • Conducts trainings on a variety of topics, including workplace harassment, EEO compliance, FMLA, ADA, military leave, workplace violence, litigation prevention, background checks, and layoffs.
  • Develops employee handbooks and supervisor manuals for employers of all sizes and industries.
  • Assists clients in drafting enforceable employment, consulting, nondisclosure, and noncompetition agreements.
  • Conducts internal audits to identify potential legal problems under labor and employment laws.
  • Pro Bono: Represents children who were victims of crimes in Latin America in obtaining U.S. visas.

Judicial Clerkships

  • Law Clerk, Honorable Paul C. Huck, United States District Court for the Southern District of Florida
  • Judicial Intern, Honorable Virginia M. Hernandez Covington, United States District Court for the Middle District of Florida
  • Judicial Intern, Honorable Marcia G. Cooke, United States District Court for the Southern District of Florida

Professional & Community Involvement

  • Cuban American Bar Association
    • Executive Board, Vice President, 2020-2021
    • Executive Board, Treasurer, 2018 and 2019
    • Executive Board, Secretary, 2017
    • Board of Directors, 2016-Present
    • Judicial Committee Co-Chair, 2016
    • Night with the Marlins (benefiting CABA Pro Bono Project), Chair, 2016-Present
    • 5K Committee, Member, 2013; Vice-Chair, 2014; Co-Chair, 2015; Chair, 2016
    • Young Lawyers Committee, 2013-Present; Chair, 2016
    • Events Committee, Vice-Chair, 2016; Co-Chair, 2017-2018
    • Membership Committee, Vice-Chair, 2016
    • Art in the Tropics Committee, 2015-Present
    • CABA on Cuba Committee Member, 2016-Present
  • Florida Bar Young Lawyers Division Board of Governors, 2018-Present
    • Access to Justice Webinar Committee, 2019
    • Affiliate Outreach Conference Committee, 2019
    • CLE and Sponsorship Committee, 2019
    • Long Range Planning Committee, 2019
    • Practicing with Professionalism Committee, 2018
    • Inclusion and Equality Committee, 2018-Present
    • Law Student Division Committee, 2018
  • The Florida Bar 
    • Pro Bono Legal Services Committee, 2019
  • Federal Bar Association, Law Clerk Committee, 2015-Present
  • Florida Association for Women Lawyers (FAWL), 2016
  • Legal Services of Greater Miami, Small Claims Clinic, 2015
  • Big Brothers Big Sisters of Miami, Mentor, 2016

 

Recognition

  • South Florida Legal Guide, Top Up and Comer, 2020-2021
  • Florida Super Lawyers, Rising Star, 2018-2021
  • 40 Under 40 Outstanding Lawyers, South Florida, Cystic Fibrosis Foundation, 2018
  • Frank E. Maloney Award for Outstanding Candidate, Florida Law Review

Publications & Presentations

Events, Firm Announcements, In the Media, Labor & Employment News Update, Publications: Breaking Through the Noise: Labor & Employment Issues Post-Pandemic
Stearns Weaver Miller News Program Special|June 2021

Events, Firm Announcements, In the Media, Labor & Employment News Update, Publications: Breaking Through the Noise: Labor & Employment Issues Post-Pandemic
Stearns Weaver Miller News Program Special|June 2021

Events: 5 Tips to Help Avoid Employment Lawsuits
Coral Gables Chamber of Commerce|September 2019

Publications: Religious Discrimination: Gone Today, Hair Tomorrow
BeLabor the Point Blog|August 2019

Events: Meet the Gang Part II – Wage and Hour Hot Topics, Marijuana Update and FMLA/ADA/Workers’ Comp Interplay
Stearns Weaver Miller's 29th Annual Labor and Employment Law Seminar|May 2019

Events: All Rise! Decisions that are Changing the Way You Do Business
Stearns Weaver Miller's 28th Annual Labor and Employment Law Seminar|April 2018

Events: Federal Court Practice: Some Words of Advice (and Caution) for Lawyers Newly-Admitted to the Southern District of Florida
Federal Court Orientation for Newly-Admitted Members in the Southern District of Florida|April 2018

Events: Florida Employment Laws
Sanchelima & Associates|March 2018

Events: The How-Tos We Do Not Learn In Law School
The Florida Bar, Basic Business Litigation Course|February 2018

Publications: Morale Makes Money: How Starbucks Raised The Bar(ista)… Again
BeLabor the Point Blog|January 2018

Events: What In-House Counsel Needs to Know about Employment Laws
Desayuno con CABA|January 2018

Events: The Times, They Are A-Changin’: Medical Marijuana, Paid Sick Leave, Arbitration, Trade Secrets Act
Stearns Weaver Miller's 27th Annual Labor and Employment Law Seminar|May 2017

Publications: Google’s Pay Policy: Good? Or Too Good to be True?
BeLabor The Point Blog|April 2017

Events: What Every Employer Needs to Know about Labor and Employment Laws in Florida
Doral Chamber of Commerce |March 2017

Publications: The EEOC Rings Out 2016 with End of the Year Stats
BeLabot The Point Blog|December 2016

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

Events: All Aboard the FMLA Express
Stearns Weaver Miller's 26th Annual Labor and Employment Law Seminar|May 2016

Events: 2015 Amendments to Federal Rules of Civil Procedure
Stearns Weaver Miller|February 2016

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

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Newsroom

Events, Firm Announcements, In the Media, Labor & Employment News Update, Publications: Breaking Through the Noise: Labor & Employment Issues Post-Pandemic
Stearns Weaver Miller News Program Special|June 2021

Events, Firm Announcements, In the Media, Labor & Employment News Update, Publications: Breaking Through the Noise: Labor & Employment Issues Post-Pandemic
Stearns Weaver Miller News Program Special|June 2021

Firm Announcements: Stearns Weaver Miller Names Five New Shareholders
November 2019

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