Author Archives: Jay Butchko
What is a Garden Leave Agreement?
If you have an employment contract that governs your employment with your employer, that contract may contain something that is known as a garden leave agreement, or a garden leave provision. What is a garden leave provision? According to Thomson Reuters, this is a type of standard clause in many employment contracts that “requires… Read More »
What Makes a Non-Compete Agreement Enforceable Under the CHOICE Act?
The Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act is now in effect in Florida, and it provides greater protections for employers when it comes to creating and enforcing non-compete agreements and garden leave agreements with certain employees in Florida. The law says that four-year non-competes are reasonable, essentially doubling the… Read More »
Which Laws Protect Employees in Florida from Discrimination?
Whether you are applying for a job or currently working for an employer in South Florida, you may be protected against employment discrimination by various state and federal laws. If you face a form of discrimination on the basis of your inclusion in a protected class (for example, race, religion, sex, disability, age), you… Read More »
Your Rights with Florida’s Increased Minimum Wage
Beginning on September 30, 2025, Florida’s minimum wage will increase by $1.00 to $14.00 per hour. The following year, the minimum wage will increase by another $1.00 per hour, reaching $15.00 per hour on September 30, 2026. As the next increase in minimum wage approaches, it is important to understand your rights as a… Read More »
Understanding CHOICE Act Injunctions for Non-Compete Violations
The recently enacted Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act makes Florida among the most employer-friendly states when it comes to non-compete agreements and garden leave agreements. This is not welcome news for employees in the state, who may now be subject to restrictive covenants that significantly favor their employers… Read More »
Can I File a Claim for Reverse Discrimination?
Have you recently applied for a job in which you faced reverse discrimination? Or have you faced reverse discrimination in your current employment? This is an issue that arises with some frequency and can be controversial, but it is important for job applicants and employees to understand precisely what reverse discrimination involves, and what… Read More »
Can I File a Sexual Harassment Claim If My Employer Does Not Have a Sexual Harassment Policy?
If you recently experienced any type of sexual harassment in the workplace, you may be wondering if you are eligible to file a claim. In order to determine your rights, you may have turned to your employer’s employee handbook, or other employment policies that you were provided with at the time you started your… Read More »
What Are Employee Rights in Florida During a Hurricane?
During hurricane season in Florida, employees often have questions about their rights in the workplace. For example, do you have to report to work if your employer does not decide to close but you are at risk of injury due to the hurricane, or you and your family are in an evacuation zone? Or,… Read More »
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 »
