Labor and employment law.

• Author: Rosenfeldt, Stuart A.
• Position: Board certification

The field of labor law has long been recognized as a specialty area, although it was not recognized as a field for board certification by The Florida Bar until March 23, 2000.

For many years, when general practitioners received inquiries from their clients that related to labor law issues, they were quick to refer these matters to attorneys who limited their practices to labor law. Prior to November 1991, the field known as "labor law" primarily dealt with the National Labor Relations Act, public sector laws pertaining to collective bargaining, the Fair Labor Standards Act (regulating minimum wages and overtime), and Title VII of the 1964 Civil Rights Act.

In 1990, Congress enacted the Americans with Disabilities Act creating an entirely new "protected class" and requiring employers to offer employees with disabilities a reasonable accommodation to perform their jobs. In November 1991, President George Bush signed legislation which amended Title VII of the 1964 Civil Rights Act. This amendment provided for jury trials in Title VII and ADA actions, and permitted the award of compensatory damages for emotional distress. Prior to the passage of Title VII, there were limited remedies under this statute and the fact finder in disputes under this statute was limited to the judiciary. No jury trials were permitted. In 1992, the Florida Legislature followed suit, amending Florida's Civil Rights Act to provide for unlimited compensatory damage awards.

As a result of the 1991 amendments, litigation under Title VII and other discrimination laws became much more common. Predictably, there was a large increase in the number of attorneys becoming actively involved in these discrimination law cases, and the field known as "employment law" evolved. Suddenly, traditional labor lawyers who were used to trying their cases before arbitral and administrative forums were required to present their disputes to jury panels. Many attorneys who primarily practiced in the area of personal injury law and commercial litigation entered the field because they had the requisite experience and confidence to pursue jury trial litigation. Additionally, traditional labor lawyers took up the mantle and enhanced their jury trial skills.

The Florida Bar's Labor and Employment Law Section adapted very well to these changes in the practice area. Its CLE seminars promoted the improvement of jury trial skills for traditional labor lawyers, and also offered more basic and intermediate...