Author Archives: Jay Butchko
Who Can File a Workplace Harassment Claim?
Unlawful harassment in South Florida workplaces can create untenable working situations for the party being targeted, as well as for other employees in the workplace who must bear witness to the harassment and who must perform job duties in a working environment with low morale due to the pervasive harassment. When unlawful harassment does… Read More »
Can I Make a Secret Recording at My Workplace to Prove Employment Discrimination?
Experiencing any kind of employment discrimination — whether you are applying for a job or currently in a position, or experiencing any form of retaliation — can be devastating. Discrimination can impact your confidence, can affect your ability to work and to earn a living, and can do damage to your resume or CV…. Read More »
Steps to Take for FMLA Leave in Florida
Under the federal Family and Medical Leave Act (FMLA), you may be entitled to up to 12 workweeks of unpaid, job-protected leave for a variety of family or medical reasons. Although FMLA leave is unpaid, it importantly allows employees to take time away from their jobs without having to worry that their positions will… Read More »
Can I Sue My Former Employer for Firing Me?
If you were fired relatively recently by an employer, you may be wondering if you could be eligible to sue your employer for firing you. This issue can be relatively complicated, especially in an at-will state like Florida. Whether or not you are likely to have a claim against your employer will depend on… Read More »
Am I Owed Minimum Wage If I Am a Tipped Worker?
Many types of workers in Florida are tipped employees, meaning that they are “engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips,” according to the US Department of Labor. Employers in Palm Beach Gardens and throughout South Florida employ tipped workers because it allows them… Read More »
When is Discrimination Unlawful in Employment Situations?
If you have encountered any form of discrimination when applying for a job in South Florida, or while working for an employer in the Palm Beach Gardens area, it is critical to determine whether you have experienced unlawful discrimination. There is a common assumption that any form of discrimination is unlawful. Yet in fact,… Read More »
What Are Professional Exemptions?
If your Palm Beach Gardens or other South Florida employer has told you that you are ineligible for overtime pay, you have likely been told that you are an “exempt” employee, and therefore you are not entitled to receive overtime pay under the Fair Labor Standards Act (FLSA), a federal law that provides a… Read More »
What Are Computer Employee Exemptions?
The federal Fair Labor Standards Act (FLSA) requires employees to be paid at least the minimum wage and to receive overtime pay at the rate of 1.5 times the regular rate of pay for hours worked in addition to a 40-hour workweek. However, only “non-exempt” employees have these protections under the FLSA. The FLSA… Read More »
FLSA Exemption for Outside Sales Employees
Under the Fair Labor Standards Act (FLSA), employees in Florida must be paid at least the minimum wage for all hours worked in each pay period, and they must be paid at an “overtime” rate of 1.5 times their usual rate of pay if they work more than 40 hours in a single work… Read More »
What is a Highly Compensated Employee, and Why Does It Matter?
Employees in Palm Beach Gardens and throughout South Florida are due overtime pay at the rate of 1.5 times their normal rate of pay when they work hours in excess of 40 in a workweek. This requirement exists under federal law, the Fair Labor Standards Act (FLSA). Although it applies to a range of… Read More »