Author Archives: Jay Butchko
Questions Regarding Independent Contractor v. Employee Status in Florida
Independent contractors are treated differently from employees under federal and Florida employment laws, and the distinctions run deeper than the W-2 or 1099 you receive for tax purposes. Under the Fair Labor Standards Act (FLSA), employers must comply with regulations on wages and hours, including minimum wage and overtime. Companies are required to extend… Read More »
Steps to Suing for Age Discrimination in Florida
Many high profile cases involving employment discrimination center on mistreatment due to race or sex, but claims are related to age still comprise a large percentage. According to records compiled by the Equal Employment Opportunity Commission (EEOC), around 1 in 5 charges filed with the agency are because of age discrimination. Plus, there are… Read More »
Recent EEOC Settlement Highlights Medical Information Discrimination
When you think of discrimination in the workplace, your mind will usually turn to some of the familiar characteristics for employer misconduct. Discrimination on account of race, sex, religion, and disability is unfortunately common. However, anti-discrimination laws also cover many characteristics that are not raised as often. In a recent case, the Equal Employment… Read More »
FAQs on Arbitration in Florida Employment Law
Employers in Florida are going to great lengths to comply with employment laws and protect their interests. One strategy which is becoming more common is requesting that employees sign an arbitration agreement, either as part of the hiring process or to retain their jobs. Arbitration is a type of alternative dispute resolution (ADR), which… Read More »
Common Challenges in Wrongful Termination Claims
You go to work every day to support yourself and your family. You rely heavily on the income you earn. If you are fired then, it is more than just a job loss. It is devastating, and you may not know how to proceed. Florida, like all states, is an at-will state, meaning employers… Read More »
Can You Record Co-Workers to Prove Sexual Harassment?
Sexual harassment can continue for many months before the victim decides to take action and fight back against it. In fact, to prove a hostile work environment, the behavior has to be continuous and ongoing. Even when an employee has had enough and wants to take action, they need strong evidence to prove their… Read More »
When Does Wrongful Termination Occur?
When most employees are fired, they believe the termination was unreasonable or unfair. However, due to the legal concept of at-will employment in Florida and most other states, employers generally have the right to fire employees at any time and for any reason. Still, there are exceptions to the law and at times, employers… Read More »
How Do Employers Commit Wage Theft in Florida?
As an employee, you deserve to be paid fairly and fully for the work you do for your employer. Unfortunately, wage theft is very common among employers. Of course, employers act very subtly when not paying employees their fair wage and they will likely not come right out and admit it. Below, our Palm… Read More »
Steps to Take After Being Sexually Harassed in the Workplace
Sexual harassment in the workplace is not merely an inconvenience. It is devastating and can take a significant toll on your emotions while also being damaging to your career. Unfortunately, workplace sexual harassment is quite common. If it happens to you, it is natural to be unsure of what steps to take next. Below,… Read More »
How to File an EEOC Claim
The employment law landscape is vast, but an agency that plays one of the most important roles is the Equal Employment Opportunity Commission (EEOC). The EEOC was established as an advocacy agency to ensure that workers throughout the country are not subject to discrimination in the workplace. If you have been treated unfairly at… Read More »
