Scott T. Silverman

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Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and arbitrations. Although he has worked on a variety of labor and employment issues throughout his career, Scott’s practice has emphasized labor management relations, employment discrimination, non-compete/trade secret, wage and hour, and retaliation claims. Complementing his litigation practice, he advises employers on day-to-day matters, and drafts manuals and contracts for his clients.a

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Federal Contractors Face Dec. 8 Vaccination Deadline

By Matthew S. Moedritzer, Felicia Leborgne Nowels and Scott T. Silverman on Posted in Employment Counseling & Workplace Claims Prevention, Workplace Safety & OSHA
Federal contractors covered by President Biden’s recent Executive Order 14042 must ensure that covered employees are fully vaccinated for COVID-19 no later than December 8, 2021, subject to applicable exceptions, pursuant to new Guidance published by the Safer Federal Workforce Task Force (Task Force). The Guidance was issued pursuant to President Biden’s COVID-19 Action Plan … Continue Reading

Paid Sick Time and FMLA Expansion Law Passes

By Scott T. Silverman, Melissa S. Zinkil and Akerman Law on 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

Paid Sick Leave and Other Relief Coming for Employees Affected by COVID-19

By Scott T. Silverman and Jeffrey A. Kimmel on Posted in Employee Benefits, Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves, Workplace Safety & OSHA
Employers with fewer than 500 employees will be required to provide up to 80 hours of paid sick leave for certain employees impacted by the coronavirus (COVID-19) and will receive a tax credit in return under an emergency bill passed by the U.S. House of Representatives this weekend. The Senate is expected to consider the … Continue Reading

Joint Employer Standard: Whiplash!

By Scott T. Silverman on Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations
In a surprising move, the National Labor Relations Board has overturned its recent decision that had overruled an expansive joint employer standard set forth by the previous Obama-era Board.  So, at least for the time being, where an entity has reserved the right to control employees with another entity – even if that control was … Continue Reading

The New Salary Regulations: The Saga Continues

By Scott T. Silverman, Catherine A. Miller and Akerman Law on Posted in Employment & Consulting Contracts, Employment Counseling & Workplace Claims Prevention, Uncategorized, Wage & Hour
While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not over. The Department of Labor filed its notice of appeal December 1, the same day the new salary regulations were to take … Continue Reading

NLRB Changes Standard for Determining Joint Employer Status

By Scott T. Silverman and Akerman Law on Posted in Labor Relations
The NLRB has issued a landmark decision changing its current standard for assessing “joint employer” status in both unionized and non-union workplaces. This is significant, because, even if the company is not the actual employer of workers, the company may be required to bargain with a Union and held liable for unfair labor practice charges … Continue Reading

The NLRB Expands Its Reach in the Non-Union Workplace

By Scott T. Silverman and Akerman Law on Posted in Employee Handbooks & Policies, Labor Relations
The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of personal electronics, and conflicts of interest — are unlawful, according to a recent memorandum issued by the NLRB General Counsel. Basic contract and policy … Continue Reading

EEOC: Sexual Orientation Discrimination Illegal Under Title VII

By Scott T. Silverman and Akerman Law on Posted in Employment Discrimination Harassment & Retaliation
The EEOC has found that workplace discrimination against lesbian, gay, and bisexual workers violates Title VII of the Civil Rights Act of 1964. On July 15, 2015, the EEOC reversed the dismissal of a sex discrimination complaint filed by an air traffic controller against the U.S. Department of Transportation’s Federal Aviation Administration. The complainant claimed … Continue Reading

Department of Labor: Most Workers Classified As Independent Contractors Are Employees

By Scott T. Silverman and Akerman Law on Posted in Labor Relations
On July 15, 2015, the Wage and Hour Division of the Department of Labor declared that most workers who are classified as independent contractors are actually employees and cited the erroneous designation of employees as independent contractors to be “one of the most serious problems” at workplaces in the United States. The DOL issued an … Continue Reading

EEOC Encouraged to Address Social Media and “But-for” Causation in Revising Guidance on Retaliation

By Scott T. Silverman on Posted in Employment Discrimination Harassment & Retaliation
At a meeting of the U.S. Equal Employment Opportunity Commission, convened to address the explosive growth of retaliation charges last week, witnesses made a variety of recommendations, including that the agency revise its retaliation guidance in its Compliance Manual to embrace the Supreme Court’s “but-for” causation standard and to address the impact of social media … Continue Reading

EEOC Broadens Pregnancy Discrimination Protections

By Scott T. Silverman on Posted in Employment Discrimination Harassment & Retaliation
On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued an updated enforcement guidance on pregnancy discrimination and related issues, and significantly widened the employee protections. The guidance addresses requirements under the Pregnancy Discrimination Act (“PDA”) and the application of the Americans with Disabilities Act, (“ADA”), as amended, to pregnant women. Initially, the guidance … Continue Reading

The NLRB Invades The Non-Union Workplace

By Scott T. Silverman on Posted in Labor Relations
Employers beware!  Although the Board’s attempt to require employers to post a notice of employees’ federal rights has been defeated, the agency remains active in its regulation of the non-union workplace.  The Board now has a full complement of members, with a Democratic majority, and is posed to continue to render decisions that will impact … Continue Reading

EEOC Obtains Record Relief From Companies

By Scott T. Silverman on Posted in Employment Discrimination Harassment & Retaliation
On Monday, December 16, 2013, the EEOC announced that it had obtained $372.1 million in relief from private companies during the 2013 fiscal year, which is a record in monetary benefits collected through enforcement actions. According to the EEOC’s Performance and Accountability Report for fiscal year 2013, which ended September 30, 2013, this figure represents … Continue Reading

NLRB Has Full Complement Of Board Members

By Scott T. Silverman on Posted in Labor Relations
The Senate confirmed all five of the President’s nominees to serve as National Labor Relations Board (the “Board”) members on July 30, 2013.  This gives the Board a full complement of Senate-confirmed members for the first time in a decade. The Board now includes Democrats Board Chairman Mark Gaston Pearce, whose term was set to … Continue Reading

Don’t Forget To File Your EEO-1 Reports

By Scott T. Silverman on Posted in Employment Investigations & Audits
All private employers who are subject to Title VII and have at least 100 employees must file the Employer Information Report (“EEO-1 Report”). The Equal Employment Opportunity Commission (“EEOC”) requires that the EEO-1 Report must be filed by September 30, 2013.  In addition, private employers who have fewer than 100 employees, but are owned or … Continue Reading

Employer Affordable Care Act Mandate Delayed

By Scott T. Silverman on Posted in Employee Benefits
The Treasury Department has just announced that the employer penalty provisions of Health Care Reform, which were set to go into effect on January 1, 2014, will now be delayed until 2015. The delay applies only to the employer penalty provisions and certain related information reporting requirements. At least for now, the implementation of the … Continue Reading

Florida’s Unemployment Process Violates The ADA – Warning For Employers

By Scott T. Silverman on Posted in Disability
Florida’s requirement that applicants for unemployment insurance apply over the Internet and take an online skills test discriminated against the disabled, because they could not easily access the computerized process, according to the Department of Labor’s Civil Rights Center. The determination came in a case lodged by the Miami Workers’ Center and the National Employment … Continue Reading

NLRB General Counsel Suggests Language That Complies With Banner Health

By Scott T. Silverman on Posted in Labor Relations
In a memorandum dated January 29, 2013, but made public on April 16, 2013, the NLRB’s Office of General Counsel, while confirming that an employer’s blanket confidentiality rule, which precludes employees from disclosing information about ongoing investigations into employee misconduct, is unlawfully overbroad under the Board’s decision in Banner Health, 358 NLRB No. 93 (2012), … Continue Reading

DOL Reports Widespread Wage and Hour Violations at Tampa Area Restaurants

By Scott T. Silverman on Posted in Wage & Hour
Widespread violations of the Fair Labor Standards Act’s minimum wage and overtime provisions have been found during an ongoing enforcement initiative conducted by the Department of Labor Wage and Hour Division’s Tampa office.  The initiative focuses on full-service restaurants and is being conducted in conjunction with the Florida Department of Business and Professional Regulation Division … Continue Reading

New I-9 Form For Employers

By Scott T. Silverman on Posted in Immigration Planning & Compliance
The U.S. Citizenship and Immigration Services (USCIS) has published Introduction of the Revised Employment Eligibility Verification Form in the March 8, 2013, Federal Register. The new Form I-9 is available here. Employers should use the new form as soon as possible but have until May 7, 2013 before they will be penalized for not doing so. … Continue Reading

IRS Expands VCSP Program

By Scott T. Silverman on Posted in Employment Investigations & Audits
On February 27, 2013, the Internal Revenue Service (IRS) announced its expansion of the Voluntary Classification Settlement Program (VCSP) to allow more employers to achieve certainty under the law by reclassifying their workers as employees for future tax periods. The VCSP is beneficial for some employers because it allows employers to voluntarily reclassify their workers … Continue Reading

Employers Should Ask their Insurance Agents Whether Early Renewal of Health Insurance Coverage is Appropriate

By Scott T. Silverman and Bruce D. Platt on Posted in Employee Benefits
While one of the greatest benefits of the federal Affordable Care Act (“ACA”) is better access for all to quality healthcare, theoretically resulting in lower health care expenditures, there also are costs associated with the ACA. Many of these costs take the form of additional fees on participating insurers and health maintenance organizations in our … Continue Reading

Employers Need To Evaluate Coverage Under The Affordable Care Act Now

By Scott T. Silverman on Posted in Uncategorized
Beginning in 2014, “large employers” may be assessed a penalty for not providing required coverage under the employer shared responsibility mandate of the Affordable Care Act.  This does not mean that employers need not worry about whether they qualify for the mandate until 2014.  Why you may ask? Because an applicable large employer is defined … Continue Reading
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