William E. Grob
Tampa
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Articles by William E. Grob
Waiver of Damages Cap in Title VII Case Confirmed by Eleventh Cir
On May 28, 2026, the U.S. Court of Appeals for the Eleventh Circuit ruled that the employee-headcount damages cap under Title VII of the Civil Rights Act of 1964 is a waivable affirmative defense and that Title VII defendants must explicitly raise the applicable statutory damages limit as an affirmative defense (or at least otherwise timely raise it prior to trial) to be entitled to the benefit of the cap. Quick Hits In Khatabi v.
Eleventh Circuit Confirms Waiver of Damages Cap in Title VII Case
Quick Hits In Khatabi v. Car Auto Holdings LLC, the Eleventh Circuit recently held that an auto dealership failed to plead the statutory damages cap under Title VII of the Civil Rights Act of 1964, so it waived its right to the cap. The Eleventh Circuit reversed a federal district court’s ruling that applied the statutory damages cap to the sexual harassment claim. Sexual harassment claims cannot be sent to arbitration, so they are more likely to result in a jury trial.
FDA Issues Warning Letters for Products Containing 7-Hydroxymitragynine
Skip to main content July 24, 2025 Volume XV, Number 205 Legal Analysis. Expertly Written. Quickly Found. Trending News FDA Issues Warning Letters for Products Containing 7-Hydroxymitragynine Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard On July 15, 2025, FDA sent warning letters to seven different companies for the illegal marketing of products containing 7-Hydroxymitagynine (7-OH).
In The Breakroom With Bill, 8: Workplace Affairs, HR Integrity, and Organizational Trust [Podcast]
In this episode of In The Breakroom, host Bill Grob (shareholder, Tampa) is joined by Melissa Bailey (shareholder, Washington, D.C.) to discuss the viral Coldplay concert scandal involving high-profile executives. Melissa and Bill discuss the implications of workplace relationships, the importance of HR integrity, and the legal ramifications for companies, including the PR and financial consequences of going viral.
In The Breakroom With Bill, 8: Workplace Affairs, HR Integrity, and Organizational Trust
July 23, 2025 By William E. Grob and Melissa A. Bailey In this episode of In The Breakroom, host Bill Grob (shareholder, Tampa) is joined by Melissa Bailey (shareholder, Washington, D.C.) to discuss the viral Coldplay concert scandal involving high-profile executives. Melissa and Bill discuss the implications of workplace relationships, the importance of HR integrity, and the legal ramifications for companies, including the PR and financial consequences of going viral.
OSHA Enhances Penalty Reductions and Payment Plans for Small Businesses
On July 14, 2025, Assistant Secretary of Labor Keith Sonderling announced revisions to the Occupational Safety and Health Administration’s (OSHA) Field Operations Manual (FOM) focused on penalty reductions for small businesses. The updates include revisions to the penalty assessment, adjustment, and collection procedures. The FOM emphasizes both deterrence and fairness, providing specific provisions and potential relief for businesses with fewer employees.
Caught in the Act: Practical and Legal Considerations When Executives’ Office Love Affair Exposed
A tech CEO recently garnered headlines after a clip of him being shown on the big screen at a Coldplay concert affectionately embracing a woman who is reportedly the company’s chief people officer and head of human resources (HR)—but not his wife—spread across social media. The incident has prompted allegations of a romantic relationship between the two executives, one of whom is reportedly married (to someone else) with a family.
Workplace Strategies Watercooler 2025: Managing Multiple Generations-Planning For The Future (Podcast)
In this installment of our Workplace Strategies Watercooler 2025 podcast series, Bill Grob (shareholder, Tampa) sits down with Jennifer Colvin (shareholder, Chicago) and Katie Terry (Assistant General Counsel—Vice President Legal, Mphasis) to discuss the impact of social influences on workforce motivations and communication styles across different generations in the workplace.
Workplace Strategies Watercooler 2025: Managing Multiple Generations-Planning for the Future
June 6, 2025 By Jennifer L. Colvin and William E. Grob In this installment of our Workplace Strategies Watercooler 2025 podcast series, Bill Grob (shareholder, Tampa) sits down with Jennifer Colvin (shareholder, Chicago) and Katie Terry (Assistant General Counsel—Vice President Legal, Mphasis) to discuss the impact of social influences on workforce motivations and communication styles across different generations in the workplace.
Florida Federal Judge Denies Motion to Dismiss College QB’s Fraud Suit Arising From Failed $13.85 Million NIL Deal
On April 8, 2025, a judge of the U.S. District Court for the Northern District of Florida denied a motion to dismiss a former University of Florida quarterback recruit’s lawsuit alleging fraud by head football coach Billy Napier and a top athletics booster in a $13.85 million name, image, and likeness (NIL) deal that never materialized.
Florida Federal Judge Denies Motion To Dismiss College QB's Fraud Suit Arising From Failed $13.85 Million NIL Deal
Quick Hits A Florida federal judge has allowed a college quarterback's fraud lawsuit against the University of Florida and key figures to proceed, emphasizing the potential legal ramifications of unfulfilled NIL deal promises. The ruling highlights the evolving landscape of college sports, where NIL agreements and recruiting practices—including those based only on oral promises—can lead to significant legal accountability for schools.
Florida Federal Judge Denies Motion to Dismiss College QB’s Fraud Suit Arising From Failed $13.85 Million NIL Deal | JD Supra
On April 8, 2025, a judge of the U.S. District Court for the Northern District of Florida denied a motion to dismiss a former University of Florida quarterback recruit’s lawsuit alleging fraud by head football coach Billy Napier and a top athletics booster in a $13.85 million name, image, and likeness (NIL) deal that never materialized.
Florida Federal Judge Denies Motion to Dismiss College QB’s Fraud Suit Arising From Failed $13.85 Million NIL Deal
Quick Hits A Florida federal judge has allowed a college quarterback’s fraud lawsuit against the University of Florida and key figures to proceed, emphasizing the potential legal ramifications of unfulfilled NIL deal promises. The ruling highlights the evolving landscape of college sports, where NIL agreements and recruiting practices—including those based only on oral promises—can lead to significant legal accountability for schools.
March Madness Bracket Pools in the Workplace: Legal Compliance Tips Before Tip-Off | JD Supra
With March Madness approaching, some employers may wish to get in on the action by sponsoring bracket pools to boost employee camaraderie or strengthen relationships with customers or clients. But before diving in, businesses may consider that such pools, whether structured as free-to-enter sweepstakes or paid contests, may raise concerns with state gambling laws and regulations.
March Madness Bracket Pools in the Workplace: Legal Compliance Tips Before Tip-Off
Quick Hits Employers considering hosting NCAA bracket pools should be aware of state gambling laws, as the structure of these pools could potentially classify them as illegal gambling. Sweepstakes, as free-to-enter contests, may face fewer legal concerns, but businesses must still comply with specific state regulations that govern such promotional activities.
Big Game, Big Distractions: Navigating Employment Issues During the Super Bowl
Quick Hits Employers may want to proactively address the potential for increased absenteeism on the Monday following the Super Bowl, often called “Super Sick Monday.” With heightened excitement leading up to the game, employers may want to address the potential for distractions and loss of productivity. The National Football League’s (NFL) Kansas City Chiefs will play the Philadelphia Eagles in Super Bowl LIX in New Orleans, Louisiana.
How to Make Layoffs Worse
Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers by William Grob at Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers.
Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers
Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers. This trend raises concerns for companies that don’t want misinformation or embarrassing stories about them to be circulated online, and opens doors potentially to third parties seeking to represent employees in collective bargaining and potential litigation.
Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers
Quick Hits Some laid-off workers are becoming social media influencers, telling their layoff stories to thousands of followers and outsiders. Former employees generally are not prohibited from criticizing their former employer on social media if their comments are true and not defamatory. To protect their brand and public image, companies can offer severance agreements, including nondisparagement clauses, to laid-off workers.
Coffee Badging and Employee Monitoring Coincide in Modern Workplaces
As a result of recent return-to-office mandates, numerous workplaces are seeing a rise in “coffee badging”—when workers pop into the office for just a few hours to fulfill return-to-office mandates. To identify how often employees are “coffee badging,” some employers are using data from security badges. To technically comply with new return-to-office requirements, some workers are entering their physical offices, clocking in, and leaving just a few hours later.
Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training | JD Supra
[co-author: Leah Shepherd] On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can require their workers to attend.
Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training
On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can require their workers to attend.
DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment
On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the "Stop WOKE Act" that sought to restrict workplace training on certain diversity, equity, and inclusion (DEI) concepts, as unconstitutional under the First Amendment of the U.S. Constitution. In this eighth installment of Ogletree Deakins' "DEI Under Scrutiny" series, we take a look at how DEI restrictions may violate employers' right to free speech.
Investment Interests in Behavioral Health Mergers and Acquisition
Introduction While behavioral health Mergers and Acquisitions (M&A) activity over the past 12 months is down from 2021- 22 levels, we are still seeing strong investment interest in the space. Key investment drivers include the still-unmet social need for behavioral health treatment, expanded third-party reimbursement and evolving business models that create opportunity for established providers and new entrants alike.
March Madness—a Sports Fan’s Dream, a Nightmare for Employee Productivity
Millions of college sports fans and alumni each year tune in to watch the National Collegiate Athletic Association (NCAA) men’s and women’s college basketball tournaments, referred to as “March Madness.” But with more than one hundred games between the two tournaments—many of which tip off during regular business hours—and the prevalence of sports betting, March Madness can be maddening for employers to manage employee distractions and other legal concerns.
DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment | JD Supra
On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity, equity, and inclusion (DEI) concepts, as unconstitutional under the First Amendment of the U.S. Constitution. In this eighth installment of Ogletree Deakins’ “DEI Under Scrutiny” series, we take a look at how DEI restrictions may violate employers’ right to free speech.
DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment
On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity, equity, and inclusion (DEI) concepts, as unconstitutional under the First Amendment of the U.S. Constitution. In this eighth installment of Ogletree Deakins’ “DEI Under Scrutiny” series, we take a look at how DEI restrictions may violate employers’ right to free speech.
DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment
Quick Hits The Eleventh Circuit ruled a Florida law that would prohibit employers from holding mandatory workplace training programs that discuss certain DEI-related topics was unconstitutional under the First Amendment. The restriction was part of a broader law known as the “Stop WOKE Act” signed by Governor Ron DeSantis in April 2022 to limit DEI in education and employment.
Reality TV Stars’ Employers Should Know Not All Publicity’s Good
Reality shows are appealing to watch because the cast members are real, relatable people with jobs and families. It can be exciting for an employer and its employees to see one of their own on a reality show, but such an appearance can cause headaches for the employer. There’s a broad range of reality shows, from cooking competitions to romantic conquests, and cast members’ actions or the producers’ portrayals could have consequences for an employer’s image.
Lights, Camera, (Legal) Action—Employer Risk Considerations With Employees On Reality TV Shows - Employee Rights/ Labour Relations - United States
A star of a popular long-running reality TV was fired from her real estate job according to recent news reports over allegations that she used a racial slur during filming of the show. While an investigation into the incident reportedly was inconclusive, the controversy made headlines and drew unwanted attention to the employee and her employer. As a result, the situation may serve as a reminder for employers of the risks of an employee appearing on a reality show.
Lights, Camera, (Legal) Action - Employer Risk Considerations With Employees on Reality TV Shows | JD Supra
A star of a popular long-running reality TV was fired from her real estate job according to recent news reports over allegations that she used a racial slur during filming of the show. While an investigation into the incident reportedly was inconclusive, the controversy made headlines and drew unwanted attention to the employee and her employer. As a result, the situation may serve as a reminder for employers of the risks of an employee appearing on a reality show.
Ozempic Gains Popularity, Its Maker Loses First Legal Fight
With Hollywood celebrities speaking out both in favor of and against the use of drugs like Ozempic and Wegovy for weight loss, it was only a matter of time before demand outpaced supply. Although most might believe that increased demand is a good problem to have, a recent case involving Ozempic shows that pharmaceutical companies with popular drugs might face increased competition, without the ability to obtain legal remedies against their competitors.
Lights, Camera, (Legal) Action—Employer Risk Considerations With Employees on Reality TV Shows
Quick Hits Employees appearing on reality competition shows may create headaches for employers. If confronted with an employee’s request to appear on a reality show, employers may want to consider the type of show, the time commitment, and the risk of negative attention.
Lights, Camera, (Legal) Action-Employer Risk Considerations With Employees on Reality TV Shows
Quick Hits Employees appearing on reality competition shows may create headaches for employers. If confronted with an employee’s request to appear on a reality show, employers may want to consider the type of show, the time commitment, and the risk of negative attention.
Unwanted World Cup Kiss—Incident Involving Spain Soccer President Highlights Workplace Harassment Risks - Discrimination, Disability & Sexual Harassment - Worldwide
Luis Rubiales resigned as the president of the Spanish soccer federation (RFEF) amid controversy over his kissing a women's national team player without her consent following the team's 2023 FIFA Women's World Cup win. The situation has sent shockwaves across the sports world and may serve as a reminder for employers in the United States of the persistent dangers of ignoring sexual harassment in the workplace.
Unwanted World Cup Kiss—Incident Involving Spain Soccer President Highlights Workplace Harassment Risks
Wednesday, September 13, 2023 Luis Rubiales resigned as the president of the Spanish soccer federation (RFEF) amid controversy over his kissing a women’s national team player without her consent following the team’s 2023 FIFA Women’s World Cup win. The situation has sent shockwaves across the sports world and may serve as a reminder for employers in the United States of the persistent dangers of ignoring sexual harassment in the workplace.
Workplace Strategies Watercooler 2023: Managing The Multigenerational Workforce (Podcast)
This podcast, which we recorded at Ogletree Deakins' national Workplace Strategies seminar, explores the multifaceted age composition of the workplace from Baby Boomers and Generation X to Millenials and Generation Z.
Workplace Strategies Watercooler 2023: Managing the Multigenerational Workforce [PODCAST]
This podcast, which we recorded at Ogletree Deakins’ national Workplace Strategies seminar, explores the multifaceted age composition of the workplace from Baby Boomers and Generation X to Millenials and Generation Z.
Workplace Strategies Watercooler 2023: Managing the Multigenerational Workforce (Podcast)
This podcast, which we recorded at Ogletree Deakins’ national Workplace Strategies seminar, explores the multifaceted age composition of the workplace from Baby Boomers and Generation X to Millenials and Generation Z.
Employer Concern over Lost Productivity during March Madness
The shrieks of rubber-soled sneakers, blasts of air horns, whooshes of nets, and screams of fans are permeating arenas all over the country. It can only mean one thing — March Madness is once again upon us. March Madness and the annual National Collegiate Athletic Association (NCAA) Men’s and Women’s Division I Basketball Tournaments routinely trigger countless office bracket contests and big distractions for workers.
Is March Madness a Concern for Employers? You Can Bet On It! | JD Supra
The shrieks of rubber-soled sneakers, blasts of air horns, whooshes of nets, and screams of fans are permeating arenas all over the country. It can only mean one thing — March Madness is once again upon us. March Madness and the annual National Collegiate Athletic Association (NCAA) Men’s and Women’s Division I Basketball Tournaments routinely trigger countless office bracket contests and big distractions for workers.
Is March Madness a Concern for Employers? You Can Bet On It!
The shrieks of rubber-soled sneakers, blasts of air horns, whooshes of nets, and screams of fans are permeating arenas all over the country. It can only mean one thing — March Madness is once again upon us. March Madness and the annual National Collegiate Athletic Association (NCAA) Men’s and Women’s Division I Basketball Tournaments routinely trigger countless office bracket contests and big distractions for workers.
In The Breakroom With Bill, Episode 7: Intermittent FMLA Leave in Perpetuity? Latest DOL Opinion Letter Sheds Light on Accommodations [Podcast]
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In The Breakroom With Bill, Episode 7: Intermittent FMLA Leave in Perpetuity? Latest DOL Opinion Letter Sheds Light on Accommodations (Podcast)
In this podcast, host Bill Grob is joined by Chris Cascino to discuss the U.S. Department of Labor’s (DOL) new opinion letter on how the Family and Medical Leave Act (FMLA) applies in employee scheduling. Our speakers discuss the background of the opinion letter, the intricacies of offering intermittent leave for an indefinite period of time, and the DOL’s stance that employees may limit their work schedules on an intermittent leave basis in perpetuity.
Florida’s Stop Woke Law Is Sedated—Judge Blocks Law Limiting Workplace Bias Trainings
Wednesday, August 24, 2022 On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring employees to undergo a training “that espouses, promotes, advances, inculcates, or compels” employees to believe any of various sex- and race-based discrimination concepts.
Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings | JD Supra
On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring employees to undergo a training “that espouses, promotes, advances, inculcates, or compels” employees to believe any of various sex- and race-based discrimination concepts.
Florida’s Stop Woke Law Is Sedated-Judge Blocks Law Limiting Workplace Bias Trainings
On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring employees to undergo a training “that espouses, promotes, advances, inculcates, or compels” employees to believe any of various sex- and race-based discrimination concepts.
New Florida Law Helps Shield Employers Who Assist Independent Contractors during Emergencies
When it comes to independent contractor classification, human resources professionals can often feel no good deed goes unpunished. While (depending on context and location) there are a variety of tests for independent contractor status, as a general rule the more perks and benefits provided by a company, the more likely it is the individual will be deemed a bona fide employee and not a true independent contractor.
Do Employers Need to Worry about Monkeypox?
Several cases of monkeypox have now been found in the United States. We do not yet know whether employers will need to worry about monkeypox in the context of their workforces and workplace, but it may be wise to be informed. Monkeypox is a viral illness that has symptoms including body aches, headaches, fatigue, and, notably, a bumpy skin rash. It is primarily found in Africa, most particularly in the Democratic Republic of the Congo.
Mental Health in the Workplace: Addressing Employee Wellness and Raising Awareness in a Modern Era
With more employees returning to the office and physical workplaces as pandemic restrictions are eased and with an increasingly competitive labor market, it is especially important that employers be vigilant in responding to the mental health needs of their employees. One in five U.S. adults aged 18 or older, or 52.9 million people, live with some form of mental illness, according to 2020 data from the National Institute of Mental Health.
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