Author Archives: Jay Butchko
What Does Wage Theft Mean?
If you have not been paid fairly by your employer for the amount of work you have performed and for the number of hours you put in, then you could be experiencing wage theft. While the term “wage theft” might sound like language that refers to an overt situation in which your wages are… Read More »
Is There a Difference Between Sex and Gender Discrimination?
Employers are prohibited from discriminating against employees on the basis of sex and gender under laws specifically designed to protect workers against this type of treatment. However, when job applicants or employees face discrimination that seems to them like sex or gender discrimination, they may be confused about whether there is a distinction between… Read More »
Can My Employer Round My Hours?
Hourly employees must be fully compensated for the amount of time they work, and they must be paid fairly according to the Fair Labor Standards Act (FLSA). Under the FLSA, hourly employees must be paid at least the minimum wage per hour (Florida has a higher minimum wage of $12 per hour than the… Read More »
Filing a Discrimination Claim When Another Employee is Targeted
Employment discrimination can take many different forms in South Florida workplaces, and it can occur in hiring processes, promotion plans, and in decision-making concerning employment terminations or layoffs. Many forms of discrimination are unlawful under federal and state law, in particular forms of discrimination that involve treating job applicants or employees in a less… Read More »
What is a Hostile Work Environment?
Employees in South Florida workplaces are protected against various forms of discrimination under Florida state and federal laws. Discrimination laws, including the Florida Civil Rights Act (FCRA), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Harassment is one type… Read More »
I Was Denied a Disability Accommodation: Now What?
Title I of the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities in most circumstances. Reasonable accommodations can be requested in relation to a hiring practice while the disabled person is a job applicant, or in the work environment for a disabled employee. There are only limited… Read More »
PWFA Final Regulations Take Effect
Employees who are pregnant or planning to become pregnant in South Florida should know that the Equal Employment Opportunity Commission (EEOC) final regulation for the Pregnant Workers Fairness Act (PWFA) went into effect on June 18, 2024. The PWFA applies to pregnancy-related accommodations in the workplace. Given that the final regulation is now in… Read More »
Can a Layoff Be a Wrongful Termination?
Since Florida is an at-will employment state, many employees who work in Palm Beach Gardens are at-will employees. What does it mean to be an at-will employee? According to the National Conference of State Legislatures, “at-will means that an employer can terminate an employee at any time for any reason, except an illegal one,… Read More »
What Employees Should Know About Gender Identity Discrimination in Florida Workplaces
Employees in Palm Beach Gardens and throughout South Florida have protections against gender discrimination in the workplace under state and federal law. The US Equal Employment Opportunity Commission (EEOC) makes clear that prohibitions against sex discrimination under Title VII are interpreted to include prohibitions against gender discrimination. Given that employees have these protections, should… Read More »
Does Sexual Harassment Need to Occur During Work Hours to Be Unlawful?
The Florida Civil Rights Act of 1992 (FCRA) and Title VII of the Civil Rights Act of 1964 both provide protections against sex discrimination in hiring and employment practices, and prohibitions against sex discrimination include prohibitions against sexual harassment. Since sexual harassment can take different forms, it is often difficult for employees who have… Read More »
