Shayla N. Waldon

Shayla Waldon focuses her practice on employment and commercial litigation, including handling broker-dealer representation, defending legal malpractice claims, and litigating non-competition and trade secrets claims. She drafts employee handbooks and corporate drug testing policies, and counsels clients on a range of discrimination and retaliation claims, as well compliance with statutes such as the FLSA and FMLA. She also advises clients on compliance with the ADA’s public accommodation obligations, particularly accessibility requirements for transportation, websites, and electronic media.

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One Visit and Vague Plans to Return Not Sufficient to Allow ADA Access Claim

Businesses might see a ray of hope in a recent federal appellate court decision that rejected the ability of a wheelchair-bound patron and “tester” to pursue her claim against a property owner and shop in Cocoa Beach, Florida.

There is a veritable cottage industry of plaintiffs who bring claims against businesses, even those they have never visited. In an effort … Continue Reading

The Nation’s Employers Just Got PAID

By Shayla N. Waldon on April 11, 2018 Posted in Employment Counseling & Workplace Claims Prevention, Employment Investigations & Audits, Employment Litigation, Wage & Hour

Employers who would like to work with the Department of Labor to correct potential wage and hour violations before they get sued may get their wish: the DOL has launched a Payroll Audit Independent Determination (PAID) program. The agency has invited all employers covered by the Fair Labor Standards Act to consider participating in this six-month pilot program. However, … Continue Reading

Website Accessibility Cases Proceed Despite Absence of Regulations

By Shayla N. Waldon on January 17, 2018 Posted in Disability, Employment Litigation

Recent trends indicate that ’tis always the season for web accessibility litigation, so with the new year, you should take a new look at your website. Businesses around the country, and especially in Florida, are discovering that their websites are within the crosshairs of visually impaired plaintiffs who, on contacting a business for assistance, may be told to visit a … Continue Reading

Disabled Access: A Chance to Fix Your Premises Before Being Sued?

By Shayla N. Waldon on November 14, 2017 Posted in Disability, Employment Litigation

New legislation seeks to level the playing field for businesses that have been targeted by “drive-by” claims alleging discrimination by customers with disabilities who may have never even gone to visit the place of public accommodation. Keep your fingers crossed.

Businesses frequently complain about “drive-by” lawsuits. Some courts have lamented the “cottage industry” that seems to have arisen under Title … Continue Reading

R-E-S-P-E-C-T in Your Workplace

By Shayla N. Waldon on June 19, 2017 Posted in Employment Discrimination Harassment & Retaliation

Are racial issues, religious differences, and gender norms creating tension in your workplace? Are the caustic exchanges so evident in news coverage today starting to crop up in the office? Are employees complaining of discriminatory treatment on social media? While it may feel like stepping into a hornet’s nest, employers cannot sit silently by and hope for the best. Employers … Continue Reading

It’s Audit Season: Have You Audited Your Website’s Accessibility?

By Shayla N. Waldon on March 24, 2017 Posted in Disability, Employment Counseling & Workplace Claims Prevention, Employment Litigation

Audit season is in full swing. Businesses now are working with auditors on their tax and other audits to ensure compliance with various financial regulations. But there is one audit that many businesses have yet to undertake and have continued to miss over the last few years: the accessibility of their website. Many businesses continued to be stunned when receiving … Continue Reading

What’s in a Pronoun? Liability for Employers

By Shayla N. Waldon on February 9, 2017 Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Employment Litigation

Political correctness in the workplace has become increasingly complex. Employers who have referred to transitioning employees with the wrong pronoun have found themselves in the crosshairs of the EEOC. But what about those employees who do not identify with either gender and prefer a gender neutral pronoun? Say, what?… Continue Reading

The Age of “Big Data”: How Your Electronic Applicant Searches May Be Complicating Your Talent Search

By Shayla N. Waldon on November 14, 2016 Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation

How do you hire only the “best” employees? How does any employer find the time to “vet” the hundreds or even thousands of job seekers applying for positions? A number of employers have turned to “big data” – the use of various algorithms to quickly analyze competing employees for coveted positions. These algorithms contain series of predictive data variables that … Continue Reading

Why You Should Make Your Website ADA Accessible Now

By Shayla N. Waldon on April 18, 2016 Posted in Employment Counseling & Workplace Claims Prevention

Even though the deadline for creating accessibility standards has been pushed back to 2018, private businesses are at risk now if they have not yet taken measures to ensure that their websites can be accessed by individuals with disabilities. In fact, just last month a blind man in California successfully argued that a Colorado-based luggage retailer failed to make its … Continue Reading

D.C. Circuit Reinstates Home Health Care Regulations

By Shayla N. Waldon on August 26, 2015 Posted in Labor Relations, Wage & Hour

Earlier this year, we brought news that the DOL had revised its regulations applicable to home health care workers. Those regulations, which related to domestic workers who provide “companionship services,” narrowed significantly the classes of workers who were exempt from the minimum wage and overtime protections of the FLSA by removing the ability of home health care agencies to claim … Continue Reading

Pregnancy Discrimination Prohibition To Be Included in Florida Civil Rights Act

By Shayla N. Waldon on June 22, 2015 Posted in Employment Discrimination Harassment & Retaliation

In April 2014, the Florida Supreme Court held in Delva v. The Continental Group, Inc. that pregnancy discrimination was encompassed within “sex” discrimination as protected in the then-enacted version of the Florida Civil Rights Act (the “FCRA”), even though it was not explicitly mentioned in the FCRA. In response to this holding, the Florida legislature has now passed Senate Bill … Continue Reading

Even In Colorado, Employees May Be Terminated for Medical Marijuana Use In Violation of Company Drug Policy

By Shayla N. Waldon on June 16, 2015 Posted in Employee Handbooks & Policies, Employment Litigation

In Coats v. Dish Network, LLC, the Supreme Court of Colorado upheld an employer’s decision to terminate the employment of a quadriplegic employee who worked as a customer service representative and who held a state-issued license to consume medical marijuana. Coats, who had been confined to a wheelchair since his teenage years, tested positive for marijuana during a random … Continue Reading

Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

By Richard D. Tuschman and Shayla N. Waldon on January 16, 2015 Posted in Wage & Hour

A federal court has invalidated the U.S. Department of Labor’s (“DOL”) amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and availability of those services to the millions of patients under their care. The ruling represents a significant victory for the home health care industry, though … Continue Reading

FMLA & Medical Certification: When Does An Employer Have A “Reason to Doubt”?

By Shayla N. Waldon on July 16, 2014 Posted in Medical & Other Leaves

Given the financial and administrative costs that FMLA continues to impose upon employers, HR managers are consulting with counsel to determine what tools are available to ensure that those who truly need FMLA leave are able to get it. One commonly used tool is to obtain second opinions to verify the accuracy of an initial medical certification.

The FMLA in … Continue Reading