Author Archives: Jay Butchko
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 »
What Can I Do About Retaliation at Work?
Are you experiencing behavior or actions from your employer that you believe rise to the level of unlawful retaliation? According to the US Equal Employment Opportunity Commission (EEOC), retaliation is one of the most common reasons for discrimination claims, and the most frequent reason for discriminating findings in federal cases. Retaliation can include any… Read More »
Are Employees with Fluctuating Workweeks Owed Overtime?
Under the federal Fair Labor Standards Act (FLSA), employees in Florida who are non-exempt are entitled to overtime pay when they work more than 40 hours in a workweek. The FLSA provides detailed information about determining whether an employee is exempt or non-exempt, and in general, non-exempt employees are paid an hourly wage or… Read More »
What Process Should I Expect When Filing a Claim with the Florida Commission on Human Relations (FCHR)?
When a job applicant or an employee faces actionable employment discrimination, they may be eligible to file a discrimination claim under state or federal law. When a claim is filed under federal law, the process begins with a charge of discrimination filed through the US Equal Employment Opportunity Commission (EEOC). When a claim is… Read More »
Do I Need to Tell My Employer If I Am or Plan to Become Pregnant?
Many job applicants and employees throughout South Florida worry about how plans to become pregnant, or a current pregnancy, might impact their employment situation. Indeed, for many job applicants and employees, it feels important to hide pregnancy plans or a current pregnancy from an employer in order to prevent discrimination or retaliation. Yet for… Read More »
