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On October 1, 2018, the U.S. Supreme Court heard oral arguments in the case of Mount Lemmon Fire Dist. v. Guido, which involves the issue of whether the Age Discrimination in Employment Act (the “ADEA”), which protects employees and applicants who are 40 years of age or over from discrimination in the workplace because of […]

By Claire Carter, Esq., Associate Florida Statutes, is the power of a governmental entity to take private property for a public use, in exchange for full compensation to the owner. Petition in Eminent Domain seeking to acquire property located in Hillsborough County, Florida to develop a mixed income affordable housing project in furtherance of its […]

By Claire Carter, Esq., Associate Published in FAHROgram July/August 2018 edition The Fair Credit Reporting Act (“FCRA”), 15 USC § 1681 et seq, provides protection to employees by requiring employers to notify and request written permission from an employee or potential employee when performing a background credit check. The FCRA requires the employer to tell […]

By Claire B. Carter, Esq., Associate On June 6, 2018, Florida’s Fourth District Court of Appeals issued its opinion in the case of Salerno v. Del Mar Fin. Serv., LLC, 2018 WL 2716927, at *1 (Fla. 4th DCA June 6, 2018). The Court held the defendant employer not liable for the death of its employee […]

By Suzanne J DeCopain, Esq., Associate Published in FAHROgram May/June 2018 edition In 2013, HUD issued Fair Housing Equal Opportunity Notice 2013-01 to assist housing providers obligated to comply with the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act in understanding their responsibilities to individuals who […]

By Ricardo L. Gilmore, Esq., Shareholder Published in FAHROgram March/April 2018 edition Over the years, many executive directors and presidents/CEOs have been faced with how to handle requests from third-party groups, like churches, to use the community facilities at housing authority complexes. Recently, on the HDLI listserv, this question came up for discussion. It was […]

By Claire B. Carter, Esq., Associate On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in the case of Rizo v. Yovino, 2018 WL 1702982 (9th Cir. 2018), ruling that a female employee’s prior salary cannot be used to justify paying her less than a male employee. The female employee, Aileen […]

By Claire B. Carter, Esq., Associate The U.S. Supreme Court has declined to review a ruling from the 7th Circuit Appeals Court, Severson v. Heartland Woodcraft, Inc.. In Severson, an employee requested an additional two to three months of medical leave from his employer after taking 12 weeks medical leave under the Family Medical Leave […]

The U.S. Supreme Court has unanimously adopted a narrow interpretation of the “safe harbor” provision of the Bankruptcy Code relating to securities transactions, when a financial institution handles the funds. The safe harbor provision states that the Bankruptcy Trustee (or the Chapter 11 Debtor-in-Possession) cannot avoid a transfer of a “settlement payment” which is “made […]

By Ricardo L. Gilmore, Esq., Shareholder Published in FAHROgram January/February 2018 edition I know, I know. You’re tired of reading about text messages being public records and having me say that the best way to deal with this issue is simply to disable text messaging altogether on your agency issued cell phones and to have […]