Nicholas Cleary Joins the Firm
The law firm of Messer Caparello, P.A. is pleased to announce that Nicholas “Nick” Cleary has joined the Firm as an associate attorney. Mr. Cleary was most recently an assistant general counsel at the Florida Department of Education, where he provided legal advice and representation to the Commissioner of Education and various units within the […]
Supreme Court Punts in ADA Tester Case
Supreme Court “punts” in ADA “tester” case by James J. Dean If you are a place of public accommodation under the ADA – such as a hotel, restaurant, school, college, doctor’s office, accountant, realtor, store, car dealership or other business open to the public – you may be sued by an ADA “tester” for disability […]
Don’t be too quick to discipline students for social media posts done off campus!
When may a school discipline a student for social media postings? Student speech is protected by the First Amendment. And when a student engages in “pure speech” on political or social issues, the student is entitled to extra protection. The law is clear that schools have authority to discipline students for things they say on […]
Employees Can’t be Fired for Being Homosexual or Transgender
It is now a violation of federal law for an employer to fire an employee because the employee is homosexual or transgender. The United States Supreme Court, issued its ruling, in a 6 to 3 decision, on June 15, 2020, in the case of Bostock v. Clayton County, Georgia. Under the Court’s ruling, Title VII […]
Selected Highlights of Families First Coronavirus Response Act (FFCRA) (March 19, 2020)
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. Here are some highlights of the Act for employers: FFCRA takes effect: April 1, 2020 three major provisions for employers: amends FMLA establishes paid sick leave requirement provides for tax credits for employers Emergency Family and Medical Leave Expansion […]
Are Opening Prayers at School Board Meetings Constitutional?
It is common in Florida for School Boards to open their meetings with a prayer or invocation. The practice lends a sense of solemnity to the meeting and can help to engender a positive atmosphere for discussion and decision-making. However, the practice of opening meetings with a prayer is being increasingly challenged in the courts […]