Author Archives: Jay Butchko
Employment Laws That Do Not Apply to Small Employers in Florida
No matter how long you have been part of the workforce, you are aware that there are various laws at the federal and state level that protect you as an employee. Some are statutes that are enforced by the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). These agencies… Read More »
Florida Employment Laws on Meal and Rest Breaks
Meal and rest breaks offer a welcome respite to take a step away from your work duties, but there is a lot of confusion over employer obligations and employee rights on the topic. The primary law that dictates wages and hours is the Fair Labor Standards Act (FLSA), a federal law that applies to… Read More »
Can I Recover Damages for Wrongful Termination in Florida?
Florida follows the concept known as employment at will just like other US states, providing that an employer can terminate an employee at any time, for any reason. However, there are limitations on this default rule. A company cannot fire a worker for reasons that are against the law, including those on discrimination in… Read More »
Status on Changes to Noncompete Agreements in Employment Law
It seems unfair that a Florida employer could prevent you from being hired by a competitor or working for another company in a similar position to what you do now. This unfairness is exactly what officials aim to address through a proposal to prohibit noncompete agreements in the workplace. The Federal Trade Commission (FTC)… Read More »
Questions Regarding Independent Contractor v. Employee Status in Florida
Independent contractors are treated differently from employees under federal and Florida employment laws, and the distinctions run deeper than the W-2 or 1099 you receive for tax purposes. Under the Fair Labor Standards Act (FLSA), employers must comply with regulations on wages and hours, including minimum wage and overtime. Companies are required to extend… Read More »
Steps to Suing for Age Discrimination in Florida
Many high profile cases involving employment discrimination center on mistreatment due to race or sex, but claims are related to age still comprise a large percentage. According to records compiled by the Equal Employment Opportunity Commission (EEOC), around 1 in 5 charges filed with the agency are because of age discrimination. Plus, there are… Read More »
Recent EEOC Settlement Highlights Medical Information Discrimination
When you think of discrimination in the workplace, your mind will usually turn to some of the familiar characteristics for employer misconduct. Discrimination on account of race, sex, religion, and disability is unfortunately common. However, anti-discrimination laws also cover many characteristics that are not raised as often. In a recent case, the Equal Employment… Read More »
FAQs on Arbitration in Florida Employment Law
Employers in Florida are going to great lengths to comply with employment laws and protect their interests. One strategy which is becoming more common is requesting that employees sign an arbitration agreement, either as part of the hiring process or to retain their jobs. Arbitration is a type of alternative dispute resolution (ADR), which… Read More »
Common Challenges in Wrongful Termination Claims
You go to work every day to support yourself and your family. You rely heavily on the income you earn. If you are fired then, it is more than just a job loss. It is devastating, and you may not know how to proceed. Florida, like all states, is an at-will state, meaning employers… Read More »
Can You Record Co-Workers to Prove Sexual Harassment?
Sexual harassment can continue for many months before the victim decides to take action and fight back against it. In fact, to prove a hostile work environment, the behavior has to be continuous and ongoing. Even when an employee has had enough and wants to take action, they need strong evidence to prove their… Read More »