Andrew M. Loewenstein

Andrew M. Loewenstein

Andrew Loewenstein practices in the area of labor and employment law. His experience includes conducting depositions, arguing motions to compel discovery, drafting motions for summary judgment, and performing other employment related litigation. Additionally, Andrew has drafted employee handbooks, conducted investigations of employee related claims for large corporate clients, and assisted in litigation matters involving ERISA and ESOP claims.

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Reasonable Accommodations Under the ADA Do Not Require Changing a Job’s Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. (“CVS”) alleging that CVS failed to accommodate his requests for an accommodation under the Americans With Disabilities Act (“ADA”). Williams “acknowledged that his position involved extended standing over … Continue Reading

Florida Employers May (Still) Terminate Their Employees for Insubordination

In a legal environment where employers often feel the deck is stacked against them, it is good to know that Florida courts will support employers who do not discriminate, when they need to terminate an insubordinate employee.  Such was the case in Jones v. Suburban Propane, Inc., 2014 WL 204424 (N.D. Fla. 2014), decided just this month, where the … Continue Reading

New Option For Employers To Avoid FLSA Attorneys’ Fees Claims

As many employers know, the Fair Labor Standards Act (”FLSA”) requires most businesses to pay their employees the federal minimum wage, as well as time-and-one-half their regular rate for hours worked in excess of forty (40) per week. The FLSA provides that the prevailing party is entitled to attorneys’ fees. The FLSA therefore tends to be a fee-driven statute, because … Continue Reading