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Richard D. Tuschman
Richard D. Tuschman
Partner 
One Southeast Third Avenue
25th Floor
Miami, FL 33131
 
Tel:
305.982.5530
Fax:
305.374.5095
Cell:
954.445.5763
 
 

Richard Tuschman concentrates his practice in labor and employment law and complex litigation. He regularly represents employers in Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) cases, as well as in cases alleging employment discrimination and retaliation under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Florida Civil Rights Act. Richard also handles cases involving whistleblowing, restrictive covenants, breach of contract and trade secrets, and regularly appears before federal and state agencies, including the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor, and the Occupational Safety and Health Administration (OSHA). Richard handles a wide range of litigation in federal and state courts, including consumer class actions, business disputes, and litigation under the Title III of the ADA.

Richard is Board Certified in Labor and Employment Law by The Florida Bar and has been recognized by The Best Lawyers in America and Super Lawyers Magazine. He is a frequent lecturer on employment law issues and is a regular contributor to Thompson Publishing's Employer's Guide to the Fair Labor Standards Act. Richard also writes the Forbes Let's Talk Shop Blog and is an editor and contributor for the Akerman HR Defense Blog.

 
Representative Experience
 
Labor & Employment Law
 
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Representation of a travel company in connection with an audit by the U.S. Department of Labor's Wage and Hour Division.
 
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Representation of a biotechnology company in defense of a breach of contract and fraud action by its former chief executive officer.
 
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Representation of a data company in defense of an action under the Worker Adjustment and Retraining Notification (WARN) Act.
 
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Representation of a medical practice in an action to enforce a non-compete agreement against a departing physician.
 
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Representation of an Internet-based company in a challenge to the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP) to conduct a compliance review of the company's affirmative action program.
 
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Representation of an accounting firm to obtain an emergency temporary injunction against a former employee who was harassing and making threats against his former employer.
 
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Representation of a real estate developer in a Title VII discrimination and retaliation case. Alvarez v. Royal Atlantic Developers, 2011 WL 7417023 (S.D. Fla. 2011)
 
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Representation of a produce wholesaler and its new salesman in defense of a lawsuit alleging breach of a restrictive covenant and tortious interference with a contract. Ayco Farms v. Altar Produce (Broward Co. Cir. Ct. 2010)
 
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Representation of a transportation services company in FMLA action in federal court. Singletary v. Stops, Inc., 2010 U.S. Dist. LEXIS 92660 (M.D. Fla. Sept. 7, 2010)
 
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Representation of a transportation services company in a collective action brought initially by 165 bus drivers under the Fair Labor Standards Act. Pluviose v. American Coach Lines of Orlando, Inc. (M.D. Fla. 2009)
 
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Representation of a motor-coach operator in FLSA action in federal court. Walters, et al. v. American Coach Lines of Miami, Inc., 569 F. Supp. 2d 1270 (S.D. Fla. 2008), aff'd, 575 F.3d 1221 (11th Cir. Fla. 2009)
 
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Representation of a dialysis services company in a pregnancy discrimination action in federal court. Boone v. Total Renal Laboratories, Inc., 2008 U.S. Dist. LEXIS 51807 (M.D. Fla. 2008)
 
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Representation of a financial services company in federal court. Waxman v. The Equitable Life Assurance Society of the United States, 2008 U.S. Dist. LEXIS 16678 (S.D. Fla. 2008)
 
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Representation of a retail furniture company in an ADA action in federal court. Dwyer v. Ethan Allen, Inc., 528 F. Supp. 2d 1297 (S.D. Fla. 2007)
 
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Representation of a dialysis services company in a Florida Whistleblower's Act case in federal court. Colon v. Total Renal Care, Inc., 2007 U.S. Dist. LEXIS 85263 (M.D. Fla. 2007)
 
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Representation of a fast-food franchisee in an OSHA workplace safety investigation.
 
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Representation of a for-profit educational institution in an OSHA workplace violence investigation.
 
 
Complex Litigation
 
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Representation of a technology company in defense of a breach of contract action filed by a waste management company.
 
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Representation of a marketing company to enforce its non-compete agreements with its former distributors.
 
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Representation of a cabinet installer in defense of a threatened action for misappropriation of trade secrets.
 
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Representation of a telecommunications company in a garnishment action in federal court in which plaintiff sought to collect on an underlying judgment against the Republic of Cuba.
 
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Representation of an international industrial-services company in federal court in an action alleging theft of trade secrets, unfair trade practices and business-related torts. Furmanite America, Inc. v. T.D. Williamson, Inc., et al., 2006 U.S. Dist. LEXIS 61368 (M.D. Fla. 2006).
 
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Representation of a property leasing company in a class action alleging unlawful provisions in its leasing agreements.
 
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Representation of a non-profit corporation in an action alleging unlawful expulsion of its members.
 
Awards & Recognition
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Board Certified in Labor and Employment Law, The Florida Bar Board of Legal Specialization and Education
 
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Chambers USA 2011-2014, Ranked in Florida for Labor & Employment
 
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The Best Lawyers in America 2009-2014, Listed in Florida for Employment Law - Management and Labor Law - Management
 
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Super Lawyers Magazine 2010-2014, Listed in Florida for Employment & Labor and Civil Litigation - Defense
 
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South Florida Legal Guide Top Lawyers 2013, 2014, Listed for Labor & Employment
 
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Martindale-Hubbell, AV Rated
 
Published Works & Lectures
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Forbes, "Let's Talk Shop" Blog, Contributor, 2012-2014
 
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Akerman Nineteenth Annual Labor & Employment Law Seminar, Presenter, "Regulating Employees' Off-Duty Conduct" and "Criminal Background Checks," April 2014
 
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Greater Miami Chamber of Commerce HR Insights 2014, Panelist, "Current Issues in Labor & Employment Law," March 2014
 
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Society of Corporate Compliance and Ethics South Atlantic Regional Compliance & Ethics Conference, Co-Presenter, "Retaliation: Consequences and Prevention for Leaders," March 2014
 
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Today's General Counsel, Author, "Yes, Employers Can Win Summary Judgment In State Court," January 2014
 
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The Seminar Group's 3rd Annual Florida's Premier Labor & Employment Law Conference, Speaker, "Fair Labor Standards Act Update," September 2013
 
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Law360, Quoted, "Attys Weigh In On Justices’ Ruling In Harassment Suit," June 2013
 
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Akerman Eighteenth Annual Labor & Employment Law Seminar, Presenter, "Developments in Equal Employment Opportunity Law: What HR Professionals Need to Know," April 2013
 
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Business Insurance, Quoted, "Employers Should Prepare Now for GINA Litigation," February 2013
 
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What's Working in Human Resources, Quoted, "Experts Give Their Solutions to Difficult Workplace Problems," January 2013
 
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Lex Mundi Labor and Employment Practice Group Global Meeting, Panelist, "Protecting Intellectual Assets: Non-Competition Agreements and Trade Secrets," January 2013
 
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Miramar Pembroke Pines Regional Chamber of Commerce Seminar, Speaker, "How Not to Get Sued by Your Employees: Employment Law 101 for Non-Lawyers," January 2013
 
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The Seminar Group's 2nd Annual South Florida's Premier Labor & Employment Law Conference, Speaker, "Fair Labor Standards Act Update," September 2012
 
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Greater Miami Society of Human Resource Management Legal Update, Speaker, "Wage and Hour Update: The Latest Guidance on Avoiding Exposure and Resolving Claims," September 2012
 
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Chapter 13 Standing Trustee Region 21, Speaker, "Employment Law Basics for Chapter 13 Trustees," August 2012
 
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Akerman Seventeenth Annual Labor & Employment Law Seminar, Speaker, "Severance Agreement Survival Guide: Tips for Drafting and Presenting," April 2012
 
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ACI National Forum on Wage Hour Claims and Class Actions, Speaker, "Ethical Issues in FLSA Settlement Negotiations," Miami, Florida, January 31, 2012
 
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The Seminar Group's South Florida Premier Labor and Employment Law Conference, Speaker, "Fair Labor Standards Act Update," Miami, Florida, September 22, 2011
 
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Florida Restaurant & Lodging magazine, Co-Author, "Take this Tip: Tips Versus Compulsory Service Charges," June/July 2011
 
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Florida International Bankers Association, Speaker, "Social Media - Pitfalls and Opportunities," Miami, Florida, May 12, 2011
 
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Florida Restaurant & Lodging magazine, Co-Author, "Take this Tip: Learn the Department of Labor's New Rules Regarding the Tipped Employee," April/May 2011
 
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Legal Seminar Series, Speaker, "Employment Law Developments - What You Need to Know," Miami, Florida, April 27, 2011
 
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American Conference Institute's 11th National Forum on Wage and Hour Claims and Class Actions, Speaker, "A View from the Bench: Judicial Perspectives on the Latest Plaintiff Theories, Defense Strategies, Class Certification Issues, and More," Miami, Florida, February 1, 2011
 
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Lexology, Author, "Intrastate Passenger Trips Can Trigger FLSA's Motor Carrier Exemption, Rules Eleventh Circuit," October 15, 2010
 
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Lexology, Author, "Understanding the Eleventh Circuit's Polycarpe Decision," September 6, 2010
 
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Lexology, Author, "Reducing Your Company's Exposure on FLSA Exemption Claims," March 21, 2010
 
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Gwinnett Chamber of Commerce's 2009 Employment Law Seminar, Speaker, September 24, 2009
 
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Employer's Guide to the Fair Labor Standards Act, Author, "Understanding the FLSA's Tip Credit and Tip Pooling Rules," September 12, 2008
 
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Employer's Guide to the Fair Labor Standards Act, Author, "Are Cost Estimators Exempt from FLSA Overtime Pay Requirements?," September 2008
 
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Florida Bar Journal, Author, "Another Look at the Notice Requirement of the Florida Private Sector Whistleblower's Act," November 1997
 
Professional Memberships & Activities
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The Florida Bar, Labor and Employment Section, Member
 
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Academy of Florida Management Attorneys (AFMA), Wage-Hour Committee, Co-Chair
 

Associated News, Events and Publications
News
Publications


Richard D. Tuschman

Practice
Labor & Employment
Litigation
Education
J.D., George Washington University Law School, 1991; with honors
B.A., Franklin and Marshall College, 1988
Bar Admissions
Florida
 
 
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