Melissa S. Zinkil

Melissa Zinkil is a trusted adviser and litigator. She focuses her practice on counseling employers regarding compliance with applicable federal, state, and local employment laws and advocating for employers before federal, state, and local agencies and in litigating labor and employment and complex commercial disputes in federal and state court. She has experience defending employers with regard to claims brought under the Fair Labor Standards Act, Title VII, the Family and Medical Leave Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Florida Civil Rights Act and the Florida Private Whistleblower Act, as well as claims to enforce restrictive covenants in employment contracts.

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Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with employers for violations of Rule 21F-17 — the SEC’s whistleblower protection rule — as a result of language in non-disclosure agreements, separation … Continue Reading

DOL Issues Regulations on Emergency Paid Sick Leave and Expanded FMLA Leave

By Ashlea Edwards, Melissa S. Zinkil and Akerman Law on April 6, 2020 Posted in Labor Relations, Medical & Other Leaves, Wage & Hour

Demonstrating that guidance on the newly mandated Emergency Paid Sick Leave and Expanded Family and Medical Leave is fluid, on April 6, 2020, the United States Department of Labor (DOL) published new regulations as a “temporary rule” expanding on and tinkering with its prior guidance under the Families First Coronavirus Response Act (FFCRA). The new … Continue Reading

Paid Sick Time and FMLA Expansion Law Passes

By Scott T. Silverman, Melissa S. Zinkil and Akerman Law on March 19, 2020 Posted in Medical & Other Leaves, Wage & Hour

Employers with fewer than 500 employees will be required to provide paid leave to certain employees impacted by the coronavirus (COVID-19) and will receive a tax credit in return, under a new law approved by the Senate and signed by President Trump on March 18, 2020. These measures are set to take effect no later than April … Continue Reading

Employers Beware: SEC Continues Offensive on Employment Agreements That Inhibit Whistleblowers

By Melissa S. Zinkil on November 21, 2016 Posted in Employment & Consulting Contracts

Risk Alert (literally)! Standard provisions in employment agreements, severance agreements and policies may run afoul of the SEC’s whistleblower regulations. In the wake of several highly publicized enforcement actions by the SEC, on October 24, 2016 the Office of Compliance Inspections and Examinations issued a “Risk Alert” highlighting various contract and policy provisions the SEC … Continue Reading

Employment Law Trends for 2015

By David I. Spector and Melissa S. Zinkil on August 13, 2015 Posted in Labor Relations, Wage & Hour

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to curb misclassification and proposed new regulations to update the Fair Labor Standards Act’s “white collar” exemptions, to the … Continue Reading

Employment Records Retention Requirements – What Employers Need To Know

By Melissa S. Zinkil on March 3, 2014 Posted in Employment Counseling & Workplace Claims Prevention

Careful recordkeeping and retention practices in the employment context are required by various federal and state laws, not to mention, essential to protect an employer’s interests and limit its liability in the event of an investigation, claim, or lawsuit. There are a myriad of federal statutes requiring that employers compile and retain employment related records. … Continue Reading

So You Extended an Employment Offer to the Ideal Applicant. Now What?

By Melissa S. Zinkil on March 27, 2013 Posted in Employment Counseling & Workplace Claims Prevention

After months of sorting through applications, you find what appears to be the perfect applicant. His application boasts excellent academic credentials, unmatched work experience, and countless awards and accolades. His interview is “textbook,” and you are so excited that within minutes of him leaving your office you authorize the hiring manager to extend an employment … Continue Reading