Author Archives: Jay Butchko
Disparate Treatment v. Disparate Impact in Florida Sex Discrimination Claims
Title VII of the Civil Rights Act protects employees from workplace discrimination on account of many different protected characteristics, and sex is one of them. The US Equal Employment Opportunity Commission (EEOC) clarifies that it is unlawful for employers to treat workers differently because of sex, which includes pregnancy, sexual orientation, and gender identity…. Read More »
Proposed Rule to Extend Overtime for Florida Exempt Employees
Basic overtime laws established by the Fair Labor Standards Act (FLSA) require employers to pay 1.5 times an employee’s regular wages when they work more than 40 hours in a work week. However, there are specific rules on who qualifies for overtime, regardless of the time spent working. Some employees are exempt based upon… Read More »
What is the Difference Between Wrongful Termination and Getting Fired?
You might wonder why the difference between wrongful termination and getting fired is relevant because, either way you look at it, you are out of a job. However, the distinction is extremely important and could have a significant impact on your rights if you were recently let go. In Florida, the concept of employment… Read More »
4 Questions to Ask Your Age Discrimination Attorney
Age discrimination laws in the US prevent employers from treating older employees differently with respect to hiring, wages, benefits, termination, and other conditions of employment. Still, data compiled by the US Equal Employment Opportunity Commission (EEOC) reveals that there are more than 15,000 charges filed by employees 40 years and older, alleging age discrimination…. Read More »
5 Points to Negotiate in Your Florida Employment Contract
Especially in the early days of joining the workforce, it is likely that you were employed under the default rule that applies in Florida. Most employer-employee relationships are employment at-will, which means that either party can terminate or change the terms of employment at any time, for any reason. The only restriction on employment… Read More »
SCOTUS Decision Expands Accommodations in Religious Discrimination Cases
There is always a flurry of activity as US Supreme Court decisions are released in the days before the Justices end their session, and June 2023 was no exception. With the controversy surrounding some cases, you might not be aware of a critical case that affects the relationship between employers and employees in Florida…. Read More »
Tips for Telling Your Florida Employer About a Disability
While there are some medical conditions that are obvious to an observer, many other disabilities are invisible or unnoticeable for others. If you have a disabling ailment that your employer and co-workers will likely not detect, you may wonder about how to address the situation in the employment setting. On one hand, you are… Read More »
Do I Qualify for Medical Leave in Florida if I Work from Home?
It can be difficult or impossible to dedicate yourself at work when going through personal issues, which is why lawmakers have enacted laws to protect those that need to take time off. The Family Medical Leave Act (FMLA) allows qualifying employees to take leave for a designated time, as long as the reason for… Read More »
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 »
