Author Archives: Jay Butchko
Employer And Employee Duties On Reasonable Accommodations For Disability
You may hear a lot about what Florida employers are required to do under the Americans with Disabilities Act (ADA), including treating workers with disabilities the same as other employees and providing reasonable accommodations that enable them to do their jobs. Many people are also familiar with their employee rights under ADA, which provide… Read More »
Challenges With Age Discrimination Claims In Florida
Age discrimination may not top the list of charges received by the Equal Employment Opportunity Commission (EEOC), but this misconduct occurs more frequently than you might guess. Violations of the Age Discrimination in Employment Act (ADEA) comprise more than 15,600 discrimination charges on average annually over the last 5 years, meaning around 1 in… Read More »
Remedies Under The ADA For Failure To Accommodate In Public Accommodations
The Americans with Disabilities Act (ADA) was enacted in 1990 to ensure that individuals with disabilities are protected from discrimination and afforded equal opportunities in employment, public accommodations, transportation, and other areas of life. Under Title III of the ADA, businesses and other entities that provide goods and services to the public are required… Read More »
Accommodations In Public Places
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, and public accommodations. In this post, we focus specifically on ADA accommodation laws in public places. Public places, such as restaurants, stores, and public buildings, are required by… Read More »
Florida’s Employment Leave Laws Protect Victims Of Domestic Violence
For victims of domestic violence, living in fear, addressing physical injuries, and protecting family members is a top priority. Fortunately, Florida law provides a process through which a person can obtain a restraining order and seek other relief against an abuser. Of course, even when you have a lawyer’s assistance, the proceedings will take… Read More »
Is Florida An At-Will State For Employment Laws?
In short, yes, Florida does follow the law of employment at-will and the terms of the relationship are pretty straightforward. Employers need work performed, so they hire employees who are willing to complete the necessary tasks in exchange for money. Either party can walk away from the relationship for any reason or no reason… Read More »
What Laws Protect Against Gender And Sex Discrimination In Florida?
Employment discrimination on the basis of protected characteristics is illegal, but there can be some confusion when misconduct involves the worker’s gender and/or sex. While they seem like similar concepts, the distinctions are important. Sex discrimination is mistreatment because of being male or female; gender discrimination occurs when an employee is treated differently because… Read More »
How Florida Employers Engage In Wage Theft With Tipped Employees
For those who work in Florida hospitality, food service, restaurants, delivery services, and related fields, tips are likely a large percentage of your income. While other employees earn the straight wages, your earnings are a product of being in a customer-facing position. Under the Fair Labor Standards Act (FLSA), there are numerous provisions that… Read More »
Retaliation And Requests For Reasonable Accommodation: Things To Know
The Americans with Disability Act (ADA) was enacted in 1990 to protect employees with disabling medical conditions from discrimination in the workplace. Some of these protections were already covered in Title VII of the Civil Rights Act, but there was an important addition with ADA. Upon request, Florida employers are required to provide reasonable… Read More »
The Protected Activities Exception To Florida’s Employment At Will Law
Many workers are aware of Florida’s law on employment at will, which allows both employees and employers to terminate the employment relationship for almost any reason. Initially, the rule seems harsh and gives a significant amount of power to the employer. However, there are limitations on the employment at will doctrine that go a… Read More »