Partner

Samantha Giudici Berdecia

About Samantha Giudici Berdecia

Samantha Giudici Berdecia has experience representing management in areas that span all facets of employment, including litigating disputes, federal and state agency inquiries and audits, and providing advice and counsel regarding compliance at the local, state, and federal levels. Samantha also has experience providing legal advice and representation to educational institutions, ensuring compliance with state and federal laws and regulations and meeting the unique legal needs of colleges, universities, and other educational organizations. Samantha has represented clients in negotiations, mediations, arbitrations, and court proceedings, and is adept in obtaining favorable outcomes through thorough case preparation and strategic advocacy.

Practice Areas

Wage and Hour Compliance: Represents employers in wage and hour litigation for claims of unpaid wages, minimum wage, and overtime. Experienced in conducting in-house wage and hour audits of employer pay practices and job classifications to determine if the employer’s current practices are in compliance with the Fair Labor Standards Act. Provides advice and counsel regarding compliance with federal and state wage and hour laws.

Discrimination, Harassment, and Retaliation: Represents employers in discrimination and harassment claims under Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, as well as claims of discrimination and retaliation under various state and federal employment laws at the local, state, and federal agency levels and involving state and federal litigation, including appeals.

Sex Trafficking: Advises clients and represents employers in the litigation of sex trafficking claims made pursuant to the Trafficking Victims Protection Reauthorization Act (TVPRA).

Family and Medical Leave Act: Provides advice and counsel regarding compliance with the Family and Medical Leave Act and representation in defense of claims of violations of the law and regulations.

Noncompete and Nonsolicitation Litigation: Provides advice and counsel regarding compliance with and enforcement of restrictive covenants. Experienced in representing employers with regard to preliminary injunctions related to restrictive covenants and in litigation regarding the same.

Labor: Represents employers in arbitrations and litigation related to employment and labor issues pursuant to Collective Bargaining Agreements. Assists employers in responding to complaints made to the National Labor Relations Board.

I-9 Compliance: Represents employers in Department of Homeland Security I-9 audits; experienced in conducting in-house audits of employer practices and documentation compliance with federal immigration laws.

Higher Education: Provides legal counsel to colleges and universities on a wide range of issues including admissions, student rights, disciplinary decisions, Title IX compliance, academic policies, and institutional governance Represent colleges and universities in negotiations, hearings, federal and state agency investigations, and litigation related to higher education matters and in appeals to the Florida District Courts of Appeal and 11th Circuit Courts of Appeal Prepares and reviews contracts, agreements, and policies to ensure legal compliance and protect the interests of educational institutions Conducts legal research to stay updated on changes in education laws and regulations and provide training to clients and colleagues on relevant legal issues. Collaborates with clients to develop strategies for addressing legal challenges and minimizing risks in the higher education sector.

Reemployment Assistance Appeals: Represents employers in appeals of reemployment assistance decisions made by the Department of Economic Opportunity. Regularly provides representation in Reemployment Assistance Telephonic Appeals Hearings, appeals to the Reemployment Assistance Appeals Commission and appeals to the Florida District Court of Appeal.

Advice and Counsel: Provides advice and counsel to human resource professionals about personnel issues, employment policies, preparation of employment agreements, severance agreements, and employee handbooks and other employment-related documents to ensure legal compliance and protect clients’ interests. Collaborates with HR professionals and corporate clients to develop proactive strategies for compliance with employment laws and regulations and provides training with regard to the same.

Previous Experience

Prior to joining Alexander DeGance Barnett, Samantha spent 2 1/2 years with a litigation firm where she represented both management and employees in labor and employment matters. Her primary areas of focus related to Title VII discrimination and harassment, family and medical leave, disability discrimination, non-competition litigation, wage and hour compliance and enforcement, as well as unemployment appeals.

Speaking Engagements

  • “Understanding the FLSA,” University of North Florida, Jacksonville, FL, March 2011
  • “How to Win an Unemployment Telephonic Appeals Hearing,” Daytona Beach, FL and Jacksonville, FL, April 2011

Publications

  • Erin Whitmore and Samantha Giudici, The Penn State Effect, Fla. Educ. L.J., July 2013 at 5

Outside of the Office

A former collegiate athlete, Sam enjoys staying active, particularly playing and coaching volleyball. Sam also enjoys spending time and traveling with her husband and son.

Honors & Distinctions

  • Contributor to the Florida Employment Law Letter, 2009 – 2011
  • Florida Contributor to 50 Employment Laws in 50 States, 2007 – 2011
  • Florida Coastal School of Law Mock Trial Team Member
  • Regional Finalist, Employment Law Mock Trial Competition
  • Regional Finalist, National Trial Competition

Admissions

  • The Florida Bar
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Supreme Court

Memberships

  • The Florida Bar Association
  • Jacksonville Bar Association
  • Jacksonville Women’s Lawyers Association
  • Jacksonville Young Lawyers Association
  • National Association for College and University Attorneys

Education

  • Florida Coastal School of Law, J.D.
  • Appalachian State University, B.S., summa cum laude, Political Science