Author Archives: Jay Butchko
How Does Overtime Work Under Florida Wage Laws?
The US Department of Labor’s Wage and Hour Division (WHD) is tasked with enacting minimum wage and overtime rates nationwide, but the laws allow each US state to set higher amounts. Florida lawmakers have established a formula that establishes minimum wage and adjusts the amount every year, going from $11 currently to $12 per… Read More »
What is Adverse Employment Action Under Florida Law?
The Civil Rights Act of 1964 and other anti-discrimination laws enacted around that time made monumental, sweeping changes to how employers must protect employees from misconduct. The US Equal Employment Opportunity Commission (EEOC) is tasked with enforcing these statutes, helping aggrieved workers with their legal remedies. The laws prohibit employers from taking adverse employment… Read More »
What Damages Are Available In A Florida Workplace Discrimination Case?
Federal anti-discrimination laws are tough on employers who treat employees differently because of race, ethnicity, gender, sex, disability, or other protected characteristics. The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing these laws, including the primary statute prohibiting discrimination, the Title VII of the Civil Rights Act of 1964. The agency has the… Read More »
Exploring The Differences Between “Right To Work” And “At Will” Employment
With the ways many people toss around employment law terminology, it is no wonder that employees can get confused about their rights in the workplace. One source of misunderstanding is the difference between “right to work” and “at-will” employment, two concepts that might seem similar at first glance. To clear up one discrepancy, you… Read More »
Do I Have A Valid Whistleblower Claim?
There have been some high-profile proceedings involving whistleblowers in recent years, but the majority of these cases do not garner media headlines. There are numerous claims filed and investigated every year, and they are no less important in achieving the goal of whistleblower laws. Individuals who come forward to expose misconduct receive protections under… Read More »
New Protections Under the Pregnant Workers Fairness Act
Though pregnant employees have enjoyed numerous protections under federal and Florida law for decades, there has not been a statute to address their specific needs on reasonable accommodations. This changed in December 2022 when US Congress enacted the Pregnant Workers Fairness Act (PWFA). Previously, expectant workers would be covered by the Americans with Disabilities… Read More »
How FMLA Applies To “Key” Employees In Florida
There are many different reasons you may need time away from work, so it is reassuring to know that leave laws protect your rights as an employee while you are off. The Family Medical Leave Act (FMLA) allows you to take up to 12 weeks off within a 12-month period, as long as you… Read More »
What Does It Mean To Exhaust Administrative Remedies Under Employment Laws?
Data on complaints of workplace discrimination were recently published for 2022, and the numbers indicate that Florida employers are going in the wrong direction with protecting employees. According to the US Equal Employment Opportunity Commission (EEOC), there were 73,485 new charges filed for discrimination on account of race, sex, disability, age, and other protected… Read More »
Steps To Take With Quid Pro Quo Sexual Harassment In Florida
Sexual harassment in the workplace is a form of discrimination that is prohibited by federal law, but many employees are not aware that there are two types. The Equal Employment Opportunity Commission (EEOC) describes one as creating a hostile work environment, which occurs when an employee is subjected to extreme, offensive behavior because of… Read More »
Evidence Needed For A Florida Race Discrimination Case
Title VII of the Civil Rights Act was passed in 1964 to protect employees from various types of misconduct in the workplace, but race discrimination is still a problem. According to Equal Employment Opportunity Commission (EEOC) data on five-year average charges, there are more than 24,000 complaints filed against employers every year for race… Read More »