Español
Expand All

Overview

Bayardo E. Alemán is a Shareholder in the Labor & Employment Department. He represents employers and management in all areas of labor & employment law, including defending employment discrimination, retaliation, whistleblower lawsuits, and sexual harassment lawsuits. Bayardo has extensive experience litigating non-solicitation and non-competition agreements, and defending wage and hour lawsuits for employers in a wide range of industries. He also represents clients in ERISA litigation, including defending claims seeking recovery of health insurance benefits.

Bayardo counsels employers on day-to-day human resources issues and frequently speaks and conducts trainings on labor & employment issues in English and Spanish. He is a regular contributor to the firm’s labor and employment law blog, BeLabor the Point.

Representative Experience

  • Obtained summary judgment victory in federal court for multinational food distributor against former employee seeking overtime wages due to alleged misclassification.
  • Obtained permanent injunction on behalf of multinational food distributor against former employee in violation of non-competition agreement.
  • Obtained permanent injunction on behalf of multinational bank against former employee in violation of non-solicitation agreement.
  • Successfully defended several arbitration grievances on behalf of international sugar producer, resulting in the upholding of discipline for employee misconduct.
  • Successfully defended multinational food distributor in lawsuit alleging violation of a non-competition agreement.
  • Obtained victory for bank client in state court lawsuit brought by former employee claiming unpaid wages.
  • Obtained summary judgment victory in state court for aerospace company in lawsuit brought by former employee claiming whistleblower status and alleging retaliation, and successfully defended appeal of state court’s dismissal.
  • Successfully secured dismissal of over 30 lawsuits in state and federal courts arising out of the denial of health benefits claims.
  • Obtained summary judgment victory in state court for healthcare company seeking to enforce non-competition agreement against former employee.
  • Obtained summary judgment victory in federal court for educational institution in lawsuit brought by former employee alleging pregnancy discrimination.
  • Obtained summary judgment victory in federal court for multinational bank in lawsuit brought by former temporary employee alleging sexual harassment and retaliation.
  • Obtained summary judgment victory for international hotel in lawsuit alleging disability discrimination and retaliation by former employee.
  • Obtained summary judgment victory in state court for national supermarket chain manager in lawsuit by former employee alleging tortious interference with a business relationship.
  • Obtained summary judgment victory in state court for local hospitality client in lawsuit brought by former employee for unpaid wages following employee’s termination.
  • Defends employers before federal, state, and local administrative enforcement agencies on a full range of employment related claims, including conducting internal investigations of discrimination and harassment claims. 
  • Pro bono: Representing Central American juvenile in obtaining permanent status visa for the United States.

Professional & Community Involvement

  • Defense Research Institute – Employment and Labor Law and Life, Health and Disability Committees
  • Dade County Bar Association, Member
  • The Florida Bar, Labor and Employment Law Section, Member
  • South Florida Hispanic Chamber of Commerce, Member
  • Doral Chamber of Commerce, Member
  • Put Something Back, Pro Bono Project
  • Lawyers for Children America, Inc.
  • American Bar Association, Member
  • Coral Gables Chamber of Commerce, Member

Recognition

  • Florida Super Lawyers, Rising Star, 2017-2018
  • Cystic Fibrosis Foundation, “40 Under 40 Outstanding Lawyers of South Florida,” 2016
  • Benchmark Litigation, “Top Litigator Under 40,” 2018

Publications & Presentations

Publications: Employing Workers with Student Debt? Bipartisan Bill Could Help.
BeLabor the Point Blog|November 2018

Events: Investigating Harassment Complaints Post Weinstein - Are You Prepared?
Stearns Weaver Miller's 28th Annual Labor and Employment Law Seminar|April 2018

Events: FMLA and ADA 101: What Every Manager Needs to Know!
The Doral Chamber of Commerce|April 2018

Events: Florida Employment Laws
Sanchelima & Associates|March 2018

Publications: “What Did You Make at Your Last Job?” – Is That Still a Question?
BeLabor the Point Blog|February 2018

Events: Human Resources Essentials and Legal Perspectives for your Business
Doral Chamber of Commerce|February 2018

Events: What In-House Counsel Needs to Know about Employment Laws
Desayuno con CABA|January 2018

Events: The Times, They Are A-Changin’: Medical Marijuana, Paid Sick Leave, Arbitration, Trade Secrets Act
Stearns Weaver Miller's 27th Annual Labor and Employment Law Seminar|May 2017

Events: What Every Employer Needs to Know about Labor and Employment Laws in Florida
Doral Chamber of Commerce |March 2017

Publications: Super Bowl 51: A Time To Review Attendance And Tardiness Policies
BeLabor The Point Blog|January 2017

Events: Florida Advanced Skills for Wage and Hour Compliance
2016 FLSA Master Class|October 2016

Publications: Federal Court Gets Cat Scratch Fever
BeLabor The Point Blog|September 2016

Events: All Aboard the FMLA Express
Stearns Weaver Miller's 26th Annual Labor and Employment Law Seminar|May 2016

Publications: Law Would Ban Florida Employers From 'E-Stalking
BeLabor the Point Blog |March 2016

Publications: Facebook “Unfriending” – A Form of Workplace Bullying?
BeLabor the Point Blog |November 2015

Events: Criminal, Regulatory, and Employment Law Compliance in Florida
Doral Chamber of Commerce|September 2015

Publications: Horrible Bosses: Makes For A Great Movie, But Not A Disability
BeLabor the Point Blog |July 2015

Events: Employment Law Issues for Accountants and Financial Professionals
Florida Institute of Certified Public Accountants Miami-Dade Chapter|June 2015

Events: What Every Employer Needs to Know about Labor and Employment Laws in Florida
Doral Chamber of Commerce|June 2015

Events: Surprising NLRB Decisions Hiding in Plain Sight
Stearns Weaver Miller’s 25th Annual Labor & Employment Law Seminar |May 2015

Publications: The 24 Year Journey – Did Absence Make The Heart Grow Fonder?
BeLabor the Point Blog |January 2015

Events: Labor & Employment Law Essentials for Employers and Management
Doral Chamber of Commerce|November 2014

Publications: Is Fantasy Football Affecting Your Workplace?
BeLabor the Point Blog |September 2014

Events: Labor & Employment Law Essentials for Employers and Management
Doral Chamber of Commerce|July 2014

Publications: Should Your Employment Policies Be Translated?
BeLabor the Point Blog |June 2014

Events: Is the Grass Greener with Your Competition? Drafting and Enforcing Covenants Not To Compete
Stearns Weaver Miller’s 24th Annual Labor and Employment Law Seminar|May 2014

Publications: Florida Employment Law Manual
Florida Chamber of Commerce|January 2013

Events: Preparing for Game Day with an Unemployment Compensation Claimant
Stearns Weaver Miller’s 22nd Annual Labor and Employment Law Seminar|May 2012

Events: Alphabet Soup Update: What’s New Regarding ADAAA, GINA, and USERRA?
Stearns Weaver Miller’s 21st Annual Labor & Employment Law Seminar|May 2011

Events: American as Pastel de Manzana: Dealing with the Unique Issues of Florida’s Diverse Workforce
Stearns Weaver Miller’s 19th Annual Labor and Employment Law Seminar |May 2009

View More View Less

Newsroom