Author Archives: Jay Butchko
When Bullying Constitutes Unlawful Discrimination at Work
If you are being bullied at work, you may be wondering if the behavior you are experiencing violates state or federal law (and whether you can file a claim to make the bullying stop). In general, the act of bullying in itself is not unlawful in Florida or under federal law. However, there are… Read More »
Are Independent Contractors Owed Overtime?
If you work as an independent contractor, you may be wondering if you are owed unpaid wages because you were not paid at an overtime rate. In short, independent contractors in Florida, as opposed to employees, are not owed overtime and do not have the same rights as workers who are classified as employees… Read More »
Standard for Proving Unlawful Retaliation in Florida
State and federal laws prohibiting discrimination against employees and providing certain rights to employees also have components concerning retaliation. In short, an employer cannot retaliate against an employee who exercises their rights under a state or federal law, or who participates in any kind of investigation into a legal violation, or who engages in… Read More »
What is Hiring Discrimination?
Employment discrimination is unlawful for a wide range of employees who are part of different “protected classes.” For example, an employer cannot discriminate against an employee on the basis of their race, sex, pregnancy, religion, disability, or age (if they are 40 or over). Discrimination can also take many different forms, ranging from changing… Read More »
Supreme Court Rules on “Reverse-Discrimination” Employment Claim
The US Supreme Court recently issued a decision in an employment discrimination claim involving a case of “reverse discrimination.” As The New York Times explained it, the Court “unanimously ruled in favor of a straight woman who twice lost positions to gay workers, saying an appeals court had been wrong to require her to… Read More »
Can My Employer Ask Me to Skip My Meal Break?
For hourly wage and other non-exempt employees, a meal break often feels a necessity to get through a long shift or workday. Yet for most employees in Florida, there is no law that entitles them to a meal break. The federal Fair Labor Standards Act (FLSA) governs break requirements in Florida and many other… Read More »
What is the Status of Non-Compete Agreements in Florida?
Non-compete agreements are a type of restrictive covenant that often favor employers. These agreements, or clauses in employment contracts, limit an employee’s ability to leave their current employer and perform similar work for a related employer in a nearby geographic area. While non-compete agreements must be limited in scope in order to be enforceable,… Read More »
Florida Teachers: Employment Rights and Anti-LGBTQ Laws
Can an employee be terminated in Florida lawfully for acknowledging a person’s LGBTQ identity or preferred pronouns? According to a recent article in K-12 Dive, a high school teacher in Florida recently learned that her contract would not be renewed, and that the state was reviewing her professional certification, because she made the “decision… Read More »
How Long Will My Job Be Safe If I Take FMLA Leave?
If your family is growing and you will soon be welcoming a newborn or bringing an adopted or foster child into your family, you may be planning to take leave under the Family and Medical Leave Act (FMLA) in Florida. Likewise, if you were recently diagnosed with a serious medical condition, or a spouse… Read More »
Can Wrongful Termination Include Firing Me Without Giving a Reason?
Were you recently terminated from your job in South Florida but your employer failed or outright refused to give you a reason that you were fired? You may be wondering if you experienced something unlawful, and whether you could be eligible to file a wrongful termination claim. For employees who are not working under… Read More »