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Posts Tagged ‘Employment Litigation’

Emily Ciecka Wilcheck

December 15th, 2011
in Employment & Benefits, Expert Guest Blog Entries |

Biography

 Emily Ciecka Wilcheck is an Associate with Roetzel & Andress, LPA which maintains 13 offices in Ohio, Florida, Illinois, New York and Washington, D.C. Ms. Wilcheck focuses her practice on employment litigation and general corporate litigation with a special emphasis on wrongful termination claims, restrictive covenants, trade secret violations and unfair competition/tortious interference matters. She has presented on various topics such as sexual harassment policies and enforcement, documenting the disciplinary process, terminations and hiring practices.

 Ms. Wilcheck earned her B.B.A. magna cum laude from The University of Toledo, where she also earned her M.B.A. She received her J.D. cum laude from The University of Toledo, College of Law.

She is a member of the Ohio State Bar Association, the Toledo Women’s Bar Association and the Ohio Women’s Bar Association, where she served on the Supreme Court Judicial Ratings Committee (2010-2011). Ms. Wilcheck is admitted to practice law in the state of Ohio, U.S. Court of Appeals, Sixth Circuit and U.S. District Court, Northern District of Ohio.

Expert Article:

 

Contact Emily Ciecka Wilcheck

Tel.: 419.254.5260

Email: ewilcheck@ralaw.com

Richard D. Tuschman, P.A.

May 16th, 2011
in Employment & Benefits, Expert Guest Blog Entries |

Biography

The Florida Employer BlogRichard D. Tuschman is a litigator who concentrates his practice in labor and employment law. Mr. Tuschman regularly represents employers in Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) cases, as well as cases alleging employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act. He also handles cases involving whistleblowing, restrictive covenants, breach of contract and trade secrets, and regularly appears before federal and state agencies, including the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and the Occupational Safety and Health Administration (OSHA). In addition to his employment law practice, Mr. Tuschman handles a wide range of litigation in federal and state courts, including consumer class actions, business disputes, and litigation under the Title III of the ADA.

Mr. Tuschman is board certified in Labor and Employment Law by the Florida Bar and is AV rated by Martindale-Hubbell. Mr. Tuschman was listed in Best Lawyers in America for Labor and Employment Law in its 2009, 2010 and 2011 editions and in the 2010 edition of Super Lawyers in the Labor and Employment category. Mr. Tuschman is a frequent lecturer on employment law issues and is a regular contributor to Thompson Publishing’s Employer’s Guide to the Fair Labor Standards Act.

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Areas of Practice

  • Employment Litigation
  • Employment Counseling and Advice
  • Restrictive Covenants
  • Wage and Hour Class/Collective Action
  • Commercial Litigation

Representative Matters

  • Represented an individual supervisor in a claim by a former employee for tortious interference with a contract. The court granted summary judgment to the supervisor. Norris v. Monteagudo (Miami-Dade Co. Cir. Ct. 2010).
  • Represented a produce wholesaler and its new salesman in defense of a lawsuit alleging breach of a restrictive covenant and tortious interference with a contract. After a lengthy evidentiary hearing, the court denied plaintiff’s motion for temporary injunction in its entirety. Ayco Farms v. Altar Produce (Broward Co. Cir. Ct. 2010).
  • Represented a transportation-services company in FMLA action in federal court, obtaining summary judgment on behalf of the company. Singletary v. Stops, Inc., 2010 U.S. Dist. LEXIS 92660 (M.D. Fla. Sept. 7, 2010).
  • Represented a transportation-services company in a collective action brought initially by 165 bus drivers under the Fair Labor Standards Act. Several plaintiffs withdrew from the action, and the court struck the opt-in notices of 126 plaintiffs who failed to participate in discovery. The company subsequently settled with the remaining 35 plaintiffs. Pluviose v. American Coach Lines of Orlando, Inc. (M.D. Fla. 2009).
  • Represented a motor-coach operator in FLSA action in federal court, obtaining summary judgment under the motor-carrier exemption. Affirmed on appeal. Walters, et al. v. American Coach Lines of Miami, Inc., 569 F. Supp. 2d 1270 (S.D. Fla. 2008), aff’d, 575 F.3d 1221 (11th Cir. Fla. 2009).
  • Represented a dialysis-services company in a pregnancy discrimination action in federal court. Obtained dismissal of the case by arguing that the Florida Civil Rights Act does not prohibit pregnancy discrimination. Boone v. Total Renal Laboratories, Inc., 2008 U.S. Dist. LEXIS 51807 (M.D. Fla. 2008).
  • Represented financial-services company in federal court. Obtained denial of remand and order granting motion to dismiss claims for breach of contract, breach of an oral agreement, quantum meruit, specific performance and breach of implied contract. Waxman v. The Equitable Life Assurance Society of the United States, 2008 U.S. Dist. LEXIS 16678 (S.D. Fla. 2008).
  • Represented a retail furniture company in an ADA action in federal court. Obtained summary judgment on behalf of the company. Dwyer v. Ethan Allen, Inc., 528 F. Supp. 2d 1297 (S.D. Fla. 2007).
  • Represented a dialysis-services company in a Florida Whistleblower’s Act case in federal court. Obtained summary judgment in favor of the company. Colon v. Total Renal Care, Inc., 2007 U.S. Dist. LEXIS 85263 (M.D. Fla. 2007).
  • Represented a client in a breach-of-contract case in Miami-Dade Circuit Court. Following a week-long trial, the jury returned a verdict for more than $450,000 in the client’s favor.
  • Represented an international industrial-services company in federal court in an action alleging theft of trade secrets, unfair trade practices and business-related torts. Following a hearing on plaintiff’s motion for preliminary injunction, the court denied plaintiff’s motion in its entirety. Furmanite America, Inc. v. T.D. Williamson, Inc., et al., 2006 U.S. Dist. LEXIS 61368 (M.D. Fla. 2006).
  • Represented a technology company in federal court in an action under the Employee Retirement Income Security Act of 1974 (ERISA). Obtained summary judgment in the company’s favor. Bazile v. Lucent Technologies, Inc., 2005 U.S. Dist. LEXIS 34320 (S.D. Fla. 2005).
  • Represented an architectural woodworking company in FLSA action in federal court. Obtained summary judgment in the company’s favor under the administrative exemption. Reyes v. Hollywood Woodwork, Inc., 370 F. Supp. 2d 1288 (S.D. Fla. 2005).
  • Represented a retail furniture company in FMLA action in federal court, obtaining summary judgment in the company’s favor. Affirmed on appeal. Barnes v. Ethan Allen, Inc., 356 F. Supp. 2d 1306,aff’d, 2005 U.S. App. LEXIS 18931 (11th Cir. 2005).
  • Represented an air-cargo operator in a race discrimination and retaliation action in federal court. Obtained summary judgment order dismissing plaintiff’s case in its entirety. Labady v. Gemini Air Cargo, Inc., 350 F. Supp. 2d 1002 (S.D. Fla. 2004).
  • Represented a grocery-store chain in an age discrimination action. Following a three-day trial in state court, the jury returned a defense verdict after one hour of deliberations. Dominguez v. Winn-Dixie Stores, Inc. (Miami-Dade Co. Cir. Ct. 2004).
  • Represented an airline-services company in a case before the National Mediation Board involving a union’s allegations of election interference. The board rejected the union’s allegations and upheld the election results in favor of the company. Transportation Workers of America, 31 NMB No. 93 (2004).
  • Defended an employment-search firm and four of its employees in an action brought in Miami-Dade Circuit Court alleging breach of restrictive covenants and tortious interference. After a four-day hearing on plaintiff’s motion for temporary injunction, the court denied the motion in its entirety.
  • Represented an insurance company in a consumer class action in federal court. Obtained dismissal of the case with prejudice. Braunstein v. General Life Ins. Co., 2002 U.S. Dist. LEXIS 24853 (S.D. Fla. 2002).
  • Represented a sporting-goods retailer in a race-discrimination action filed by six plaintiffs. Obtained summary judgment on the majority of plaintiffs’ claims. Hanley v. The Sports Authority, 143 F. Supp. 2d 1351 (S.D. Fla. 2000).
  • Represented a reprographics company in Miami-Dade Circuit Court in enforcing a noncompete agreement. The trial court granted the company’s motion for temporary injunction, and the appellate court affirmed the trial court’s ruling. Asad v. T-Square Express, Inc., 750 So. 2d 715 (Fla. 3d DCA 2000).
  • Represented a school board in a sex-discrimination case in federal court. Obtained summary judgment in favor of the school board. Longariello v. School Board of Monroe Cty., 987 F. Supp. 1440 (S.D. Fla. 1997).
  • Represented a travel-services company in an action under the Age Discrimination in Employment Act (ADEA) and Title VII. Obtained summary judgment in favor of the company. Chapman v. Travalco, U.S.A., Inc., 973 F. Supp. 1045 (S.D. Fla. 1997).
  • Represented a food company in a race-discrimination action in federal court. Obtained a dismissal by proving plaintiff’s perjury and fraud upon the court. McDowell v. Seaboard Farms of Athens, 1996 WL 684140 (M.D. Fla. 1996).
  • Represented an engineering firm in an action alleging breach of contract, obtaining summary judgment on behalf of the company. Affirmed on appeal. Erhart v. United Engineers, Inc., 684 So. 2d 338 (Fla. 4th DCA 1996).
  • Represented an individual defendant in a sexual-harassment action in federal court. Obtained dismissal of the claims against him. Haq v. United Airlines, Inc., et al., 1994 U.S. Dist. Lexis 15848 (S.D. Fla. 1994).
  • Represented a telephone company in a race-discrimination case in federal court. Obtained summary judgment in the company’s favor. Davis v. AT&T, 846 F. Supp. 967 (M.D. Fla. 1993).
  • Represented a telephone company in a Title VII sexual favoritism case in federal court. Obtained summary judgment in the company’s favor. Ayers v. AT&T, 826 F. Supp. 443 (S.D. Fla. 1993).

Professional Activities

  • The Florida Bar
    - Labor and Employment Section
    - Board-certified in Labor and Employment Law
  • Academy of Florida Management Attorneys (AFMA)
    - Co-chair, Wage-Hour Committee

Admissions

  • Florida
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida

Education

  • George Washington University Law School, J.D., with honors, 1991
  • Franklin & Marshall College, B.A., 1988

Experience

  • Duane Morris LLP
    - Partner, 2010-present
  • Epstein Becker & Green, P.C.
    - Member, 2004-2010
  • Becker & Poliakoff
    - Partner, 2003-2004
  • Baker & McKenzie
    - Partner, 2000-2003
  • Muller Mintz
    - Associate, 1991-2000

Honors and Awards

AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Selected Publications

  • “Intrastate Passenger Trips can Trigger FLSA’s Motor Carrier Exemption, Rules Eleventh Circuit,” Lexology, October 15, 2010
  • “Understanding the Eleventh Circuit’s Polycarpe decision,” Lexology, September 6, 2010
  • “Reducing Your Company’s Exposure on FLSA Exemption Claims,” Lexology, March 21, 2010
  • “Understanding the FLSA’s Tip Credit and Tip Pooling Rules,” Employer’s Guide to the Fair Labor Standards Act, September 12, 2008
  • “Are Cost Estimators Exempt from FLSA Overtime Pay Requirements?” Employer’s Guide to the Fair Labor Standards Act, September 2008
  • “Another Look at the Notice Requirement of the Florida Private Sector Whistleblower’s Act,” Florida Bar Journal, November, 1997

Selected Speaking Engagements

  • “A View from the Bench: Judicial Perspectives on the Latest Plaintiff Theories, Defense Strategies, Class Certification Issues, and More,” American Conference Institute’s 11th National Forum on Wage and Hour Claims and Class Actions, Miami, Florida, February 1, 2011
  • “Employment Law Strategies for a Telecommuting Workforce: A Win-Win for Employees and Employers,” May 12, 2010
  • Gwinnett Chamber of Commerce’s 2009 Employment Law Seminar, September 24, 2009
  • “Staying Compliant with the Ever-Changing Labor & Employment Laws,” September 25, 2008

Expert Articles

Contact Richard D. Tuschman

Phone: +1 305 960 2347
Fax: +1 305 397 2532
Email: rdtuschman@duanemorris.com

Richard D. Tushman on Linkedin

 

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