Guilène F. Theodore
Ms. Theodore represents and provides counsel to public and private sector clients on labor and employment matters, including wage/hour laws, labor relations, employment discrimination and employment contracts.
Her practice often involves the preparation or review of employee policies and manuals, employment contracts, separation agreements and non-competition provisions. She has assisted clients in the preparation of notices and related documents required under the WARN Act and the Older Workers Benefit Protection Act (OWBPA).
Ms. Theodore has successfully represented employer clients in resolving FLSA lawsuits, discrimination charges at the administrative agency level, and discrimination lawsuits in Federal Court.
She has provided legal advice and counsel on matters related to Florida and local government PERC proceedings and the Florida Public Employees Relations Act as well as NLRB proceedings involving the National Labor Relations Act.
Ms. Theodore has worked as an attorney in the public and the private sector, and is an alumnus of Leadership Tampa. She has experience in construction law and local government law issues.
Ms. Theodore participated in Harvard University’s Program on Negotiation for Senior Executives and has been trained in the mediation of governmental issues, in the design of alternative dispute resolution systems and in arbitration of disputes.
Ms. Theodore is fluent in French and Creole.
Ms. Theodore successfully represented and defended local and nationally-based clients in matters before administrative agencies, private neutral arbiters and in state and federal court. Such matters have included disputes involving:
- Discrimination charges filed with administrative agencies
- Arbitration of grievances by unions and employees
- Unfair Labor Practice Charges filed with the NLRB and with local public employee relations commissions (e.g. Florida PERC)
- FLSA and state wage and hour law litigation and administrative audits
Ms. Theodore has drafted employee handbooks and employer policies, employment contracts, separation agreements and releases upon termination of employment. She has also provided legal advice and counsel as needed to clients on employment law issues.
Education and Honors
J.D., University of Florida College of Law, 1983
B.A., University of Florida, 1980
- Board Certified by The Florida Bar as a City, County and Local Government Law specialist (through 2012)
- Florida Bar
- Hillsborough County Bar Association
- George Edgecomb Bar Association
- Certified by the Florida Supreme Court as a circuit court civil mediator
- Certified Arbitrator
- FPELRA Presentation - "2012 Employment Law Update" - Orlando - February 6, 2012
- NPELRA - Labor Relations Academy in Phoenix - Certification Program - "The Foundations of Labor Relations" - Phoenix - January 25, 2012
- SHRM Presentation - "Florida Unemployment Compensation 2011 - Legislative Changes and Strategies for Success" - Port-Charlotte - October 26, 2011
- Florida Bar's 34th Annual Local Government Law in Florida - "Employment-Related Legal Impacts of Budget Reductions-A Look At Furloughs, RIFs And Other Aspects Of Streamlining The Workforce" - St. Petersburg - May 6, 2011
- Beyond the Basics in Employment Law Seminar - "Sexual, Racial, and Other Harassment in the Workplace" - Tampa - January 25, 2011
- Human Resource Certification Preparation Program - "Employees and Labor Relations" - October 28, 2010
- Ogletree Deakins Seminar - "Hot Topics in the Public Sector" - Tampa - October 21, 2010
- Human Resource Certification Preparation Program - "Employees and Labor Relations" - Tampa - March 25, 2010
- Ogletree Deakins Seminar - "Working Together Through Compensation Challenges" - Tampa - October 15, 2009
- Florida Public Personnel Association, West Central Regional Seminar - "Public Sector FLSA Issues" - Sarasota - April 28, 2009
In The News
- March 15, 2012 - - "11th Circ. Says Transgender Workers Shielded By Federal Law"
- November 4, 2013 - Ogletree Deakins Publication - "Arbitration Agreement Awarding Fees to Prevailing Party in FLSA Case Held Not Enforceable by Florida’s Second DCA"
- July 18, 2012 - Ogletree Deakins Blog Post - "Beware of Traps with Independent Contractor Business Models"
- June 18, 2012 - Ogletree Deakins Publication - "Florida eAuthority"
- June 18, 2012 - Ogletree Deakins Publication - "More Local 'Wage Theft' Ordinances May Soon Be Enacted in Florida"
- April 2, 2012 - Ogletree Deakins Publication - "Florida eAuthority"
- April 2, 2012 - Ogletree Deakins Publication - "Florida Judge Issues Significant Victory for Cable Installation Company in Independent Contractor Status Case"
- January 18, 2012 - Law360 - "Case Study: Glenn v. Brumby"
- December 8, 2011 - Ogletree Deakins Publication - "Transgender Employee Fired by Government Employer Is Protected Under Federal Law"