Author Archives: Jay Butchko
LGBTQIA Workers’ Rights Under Bostock
In recent years, guidance from the US Equal Employment Opportunity Commission (EEOC) was revised and released to clarify, among other employment discrimination issues, an employee’s rights under the US Supreme Court case Bostock v. Clayton County (2020). This was a landmark decision that clarified the prohibition against sex discrimination in Title VII of the… Read More »
Can I Prove Discrimination in Hiring?
The Florida Civil Rights Act (FCRA) and several different federal laws prohibit various forms of discrimination in hiring. What is discrimination in hiring? It refers to unlawful discrimination that happens in the job application process, when an employer is going through steps to hire a new employee for a position. To be clear, you… Read More »
Is My Employer’s Behavior Retaliation?
If your employer is treating you in an adverse manner, in a way that is different from how other employees are treated, you may be wondering if your employer’s behavior rises to the level of unlawful retaliation. While any kind of abusive behavior from an employer or a manager or supervisor can create a… Read More »
Can I File a Lawsuit for Age Discrimination?
Did you apply for a job, but a younger person was hired instead? Or were you recently laid off along with several other older workers, only to find out that your former employer rehired and filled your previous positions with new and younger employees? You could be the victim of age discrimination, and you… Read More »
“Invisible” Disabilities and Workplace Discrimination
The federal Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for job applicants and employees with disabilities unless the employer can show that providing the reasonable accommodation would constitute an undue hardship. While some employers may be more understanding than others, this is what the law requires. And it is important… Read More »
What is the Difference Between a Florida State and Federal Employment Discrimination Claim?
If you have experienced any type of employment discrimination, you may know that there are both federal and state laws that provide protections against various forms of discrimination. In large part, in Florida, the Florida Civil Rights Act (FCRA) provides protections on a state level that are similar to those provided by a range… Read More »
Sexual Harassment Involving Customers or Clients
Sexual harassment can happen in any workplace, and it can take many different forms. Some types of sexual harassment are more commonly known than others. For example, employees in South Florida often know that they may be experiencing unlawful sexual harassment when an employer requires sexual favors in exchange for keeping a job or… Read More »
Rights of Employees Who Are Nursing
Breastfeeding employees in South Florida workplaces have a number of rights and federal and state law, and it is important to know those rights so that you can take action if you experience discrimination or any kind of adverse reaction to exercising those rights. Most employees in South Florida jobs have a right to… Read More »
Overtime Pay and Alternative Work Schedules
The Fair Labor Standards Act (FLSA), which is a federal law, requires that all non-exempt employees who work more than 40 hours in a work week are entitled to be paid at a rate of time and one-half their regular rate of pay. For example, if an employee earns $20 per hour and works… Read More »
Wage Violations for Tipped Employees
Restaurant and bar workers, as well as employees in other related jobs in South Florida, are considered hourly wage employees who work for tips — or, in other words, “tipped employees.” Just like any other hourly wage worker, tipped employees in Florida must be paid fairly and in a manner that complies with state… Read More »
