Andrew M. Gordon

Andrew Gordon, for more than a decade, has assisted businesses and their management teams throughout the United States in accomplishing their goals through litigation, negotiation, and day-to-day counseling. As a trial lawyer, he represents employers in federal and state courts, in arbitration, and before government agencies on issues involving discrimination, harassment, and retaliation; wage and hour, including class and collective actions; FMLA, ADA, and other federal, state, and local leave obligations; breach of contract; whistleblowing; restrictive covenants, non-competes, and non-solicits; social media use; OSHA, WARN; Families First Coronavirus Response Act (FFCRA) and emerging COVID-19 legislation; and other employment law matters.

Andrew provides in-person and web-based employment law training to corporate executives, managers/supervisors, HR professionals, and other employees on employment law requirements and trends, including:

• cultural sensitivity in the workplace
• harassment
• discrimination and retaliation
• the use and pitfalls of social media
• accommodation and leave-related issues
• manager ABCs
• customized issues unique to the organization

As trusted counsel, he imparts day-to-day advice to employers on all employment law issues from hiring to firing:

• drafts and reviews employment and severance agreements
• reduction-in-force plans
• employee handbooks and individual policies
• non-compete and non-solicit agreements
• other documents used in conjunction with the employer-employee relationship

A revered thought leader on the pandemic's impact on workplace issues, Andrew conducts COVID-19-specific webinars and podcasts and counsels employers on return-to-work, WARN, COVID-19 legislation, and pandemic-related issues. He created an employer COVID-19 toolkit of templates and policies, and supporting checklists and documents that assist his clients in getting back to business.

Andrew also has extensive complex business litigation experience spanning contract disputes, business disputes, aviation security litigation, commercial landlord/tenant disputes, class action litigation, and various complex business litigation matters.

Prior to joining Hinshaw in 2014, Andrew was an associate at a Fowler White Boggs P.A. He began his legal career at Ruden McClosky P.A.

During law school, Andrew held a series of clerkships, including with Legal Services of Greater Miami, Inc. and the U.S. Department of Homeland Security, Immigration and Customs Enforcement. While a summer associate at Ruden McClosky, he participated in the Anti-Defamation League's (ADL) Summer Associate Research Program in Florida.

In addition to these law school accomplishments, Andrew served as the Notes and Comments Editor for the St. Thomas University Law Review, International Moot Court Board president, and a senior representative to the American Bar Association.

• Broward County Bar Association

• Professional
  • Selected by his peers for inclusion in The Best Lawyers in America© for Commercial Litigation, 2023
  • Recognized as a "Top Lawyer" in the area of Labor & Employment by South Florida Legal Guide, 2021
  • Appointed by Fort Lauderdale Mayor Dean J. Trantalis to serve on 23 member Working Group tasked with developing COVID-19 business reopening plan for the city, 2020
  • Recognized on the Rising Stars list by Florida Super Lawyers magazine, 2013 – 2019
  • "On the Rise" Professional Excellence Award from the Daily Business Review, 2018
  • Finalist, "Up and Comer Award," South Florida Business & Wealth Magazine, 2018
  • Recognized as "Florida's Legal Elite Up and Coming" by Florida Trend, 2016
• Academic
  • St. Thomas University of Law
    • 2008 Jessup International Law Moot Court Team, Third Best Memorial
    • 2007 International Moot Court Intramural Competition, Best Oralist and Best Brief
    • Book Award for "Torts II"
    • Dean's List

• Secured dismissal, with prejudice, of COVID-19/workplace injury whistleblower claims filed under the OSH Act against prominent resort and spa.
• Secured a summary judgment on behalf of a Florida-based car dealership in a discrimination and retaliation case. The plaintiff, a former employee, claimed the dealership had discriminated against him based on an English-only policy and  also retaliated against him when he complained about the English-only policy.
• Assisted client with DOL investigation into whether an employee's rights were violated, as they alleged, after taking FMLA leave. Ultimately the DOL found that there were no violations.
• Represented a national chain restaurant against FLSA overtime claims which resulted in a full defense verdict at trial based on the administrative exemption.
• Obtained a non-monetary settlement in a retaliation case involving a whistleblower on behalf of our client, a well-known local doctor.
• Represented a non-profit in an FMLA retaliation case, which included claims of racial, sexual, and disability discrimination. Obtained a non-monetary settlement of charging party's claims.
• Defended education management company in wage theft case. Successfully convinced the Broward County Professional Standards Division that employee's claims were false and based on a misunderstanding of employee's own agreed to pay structure as a teacher.
• Successfully convinced former employee's counsel that his client's claims, that he had been terminated in retaliation for blowing the whistle, were frivolous. Suit never filed.
• Obtained dismissal on behalf of an airline facing a stock dispute with terminated employee.
• Secured a dismissal in a retaliation case involving a whistleblower on behalf of our client, a well-known local doctor, based on the argument that Florida's Private Whistleblower Act does not provide for liability against individuals.
• Negotiated and protected interests of an insurance brokerage firm in not having new employee bound by previous non-compete agreement.

• Obtained a no reasonable cause determination from the Florida Commission on Human Relations relating to former employee's claims of race discrimination. Although the former employee had 35 days to appeal to preserve her right to possibly file suit, she did not appeal and a suit was never filed.
• Represented local restaurant against FLSA overtime claims resulting in a full defense verdict at trial based on the administrative exemption.
• Represented a dental practice in a retaliation case involving sexual harassment. We argued that the plaintiff, an employee, resigned prior to allowing the dental practice an opportunity to investigate her claims of sexual harassment. The court agreed and granted summary judgment in favor of our client.
• Obtained summary judgment in a retaliation case involving a whistleblower on behalf of a Florida public charter school. Successfully argued that plaintiffs were public employees and, as such, should have filed their claims for retaliation under Florida's Public Whistleblower Act not Florida's Private Whistleblower Act. Plaintiffs were unable to refile under the appropriate statute because more than 180 days had passed, which is the statute of limitations for Florida's Public Whistleblower Act.

Andrew is regularly invited to speak at national conferences, webinars, industry/trade associations, on television and radio/internet programs.

A selection of presentations:

• "Employment Law 101 – Understanding Employment Law and its Impact on the Workplace," National Education Institute, Charter Schools USA, Orlando, Florida, November 2, 2022
• Co-Moderator, "Navigating the Stop W.O.K.E. and Don't Say Gay Acts," Hinshaw & Culbertson LLP, Ft. Lauderdale, Florida, Chicago, Illinois, Virtual, October 28, 2022
• Co-Presenter, "East Coast/South Labor & Employment Regional Law Update," Hinshaw & Culbertson LLP, Virtual Event, July 26, 2022
• Panelist, "Office Space: Post-COVID Concerns Behind Bringing Employees Back," Associate Financial Consultants' Associated Talk Series, Virtual Event, June 8, 2021
• "Labor and Employment Law in the Age of COVID-19," Paralegal Association of Florida, Inc. CLE, Virtual Event, April 7, 2021
• "What You Need to Know About Title VII," Coral Gables Chamber of Commerce's IMPACT Seminar Series for Small Businesses, Virtual Event, February 17, 2021
• "Possibility of Employer-Mandated COVID Vaccines on the Forefront of Workers' Minds," CBS4 Miami, December 14, 2020
• Co-Presenter, "The Labor & Employment Year in Review: Is It Over Yet?" East Coast Session, Hinshaw's 25th Annual Labor & Employment Seminar, Virtual Event, October 26, 2020

Andrew is recurrently quoted in national and local journals and newspapers on employment law developments and trends.

Andrew's legal analysis of a sexual harassment case and its implications for employers was the subject of a Corporate Counsel article for its In-House Straight series, titled "Policies and Procedures Lower Sex Harassment Liability."

Other publications include:

• Co-Author, "FTC's Proposed Rule Banning Noncompetes: How the Rule, If Enacted Will Impact Florida," Daily Business Review, February 2, 2023
• Co-Author, "Stop WOKE Act: The End to Workplace Diversity & Inclusion Training in Florida?," Daily Business Review, March 10, 2022
• Co-Author, "Understanding the FLSA and Its Exemptions," Daily Business Review, November 30, 2021
• Co-Author, "Workplace safety: What if you want your employees to take a COVID-19 test?" The Miami Herald, November 27, 2020
• Co-Author, "Takeaways for Employers From SCOTUS' Landmark LGBTQ+ Ruling," The Miami Herald, July 17, 2020
• Co-Author, "Here are some key considerations for employers as the workplace begins to reopen," The Miami Herald, May 15, 2020
• Co-Author, "Work Environments in Medical Marijuana Age: What Employers Can and Cannot Do," Daily Business Review, May 6, 2020
• Co-Author, "CARES Act is a big step forward," The Miami Herald, April 3, 2020
• Co-Author, "Employer Obligation During Closings and Layoffs: Don't Forget the WARN Act," Daily Business Review, March 27, 2020
• Co-Author, "South Florida employers should brace for the potential impact of Covid-19," The Miami Herald, February 14, 2020
• "Beginning next year, Florida's minimum wage is going up," Employment Law Observer, October 26, 2016
• "Supreme Court Backs Whistleblowing Air Marshall," Employment Law Observer, January 23, 2015
• "Court Denies EEOC's Broad Subpoena Requests," Employment Practices Newsletter, December 1, 2014
• "11th Circuit: The EEOC Can't Always Get What It Wants," Employment Law Observer, November 19, 2014
• "Security Guard Terminated After Incident With Psychiatric Patient Cannot Advance Discrimination Claims," Employment Practices Newsletter, October 1, 2014
• "Security Guard Terminated After Incident with Psychiatric Patient Cannot Advance Discrimination Claims," HR Legal Blog, September 29, 2014
• "Fifth Circuit Broadens Definition of "Adverse Employment Action" under Title VII," HR Legal Blog, September 24, 2014
• "Dodd-Frank Act's Whistleblower Protections Do Not Extend to Foreign Tipsters," Employment Practices Newsletter, September 1, 2014
• "Second Circuit: Dodd-Frank Act's Whistleblower Protections Do Not Extend to Foreign Tipsters," HR Legal Blog, August 15, 2014
• "Prevention and Corrective Policies Help Employer to Avoid Sexual Harassment Liability," HR Legal Blog, July 31, 2014
• "Trucking Company Did Not Violate ADA or FMLA When it Fired an Alcoholic Driver," Employment Practices Newsletter, July 1, 2014
• "Eleventh Circuit Finds Employee Fired for Inadequate Skills, Not Race," Employment Practices Newsletter, June 1, 2014

Andrew is active in his community through a number of civic organizations, including:

• Hinshaw University, Supervisor
  • Anti-Defamation League (ADL), Florida Chapter – Summer Associate Research Program
• City of Ft. Lauderdale Board of Adjustment, Member
• City of Ft. Lauderdale Civil Service Board, Member
• Greater Ft. Lauderdale Chamber of Commerce, Member, Former Governmental Affairs Committee and Business First Committee
• Riverwalk Ft. Lauderdale, Member, Advisory Board and Master Plan and Projects Committee
• Victoria Park Civic Association, Member, President, Former Vice President, and Former Representative to the Council of Ft. Lauderdale Civic Associations