Author Archives: Jay Butchko
Am I Legally Required To Give Two Weeks’ Notice In Florida?
You have probably heard that it is common courtesy to give at least two weeks’ notice before quitting a job. By giving an employer plenty of notice you can help to preserve a positive relationship. Of course, giving two weeks’ notice is not necessarily possible or practical in every situation. You may be wondering:… Read More »
Can An Employer Require Employees To Get Vaccinated In Florida?
According to the Florida Department of Health, approximately 55 percent of residents in Florida have received at least one dose of the COVID-19 vaccine. Federal and state officials report that everyone who is 12 years of age or older is now eligible to get vaccinated. Many employers are asking (even requiring) employees to get… Read More »
Is My Employer Required To Accommodate Me For My Scheduled Chemotherapy Treatment?
Many families are affected by cancer. The Florida Department of Health reports that approximately 115,000 new cases of cancers are reported in the state each year. While we still have a very long way to go to fight the disease, improved chemotherapy treatments are improving the short-term and long-term prognosis for patients. Many people… Read More »
Does The National Labor Relations Act Cover Graduate Student Assistants?
For quite awhile now, graduate student teaching assistants across the country have argued that they should be considered employees, and not students, for the purposes of being covered by the National Labor Relations Act (NLRA). Indeed, for years, graduate students have attempted to organize, and have argued that they should be entitled to collective… Read More »
EEOC Files Religious Discrimination Lawsuit Against South Florida Hotel
On February 24th, 2021, the U.S. Equal Opportunity Commission (EEOC) announced that the agency is filing a religious discrimination lawsuit against Noble House Solé, LLC, a boutique hotel located in Sunny Isles Beach, Florida. The federal agency charges that the company unlawfully discriminated against an employee when it refused to offer a religious accommodation… Read More »
My Employer Retaliated Against Me By Demoting Me—What Are My Rights?
In the context of employment law, retaliation occurs when an employer punishes a worker for engaging in a lawfully protected activity. To bring a successful workplace retaliation claim in Florida, an employee must prove the following three things: They participated in a protected activity—such as objecting to or reporting sexual harassment or filing a… Read More »
How Does Overtime Work If I Am Paid in Tips in Florida?
Under the federal Fair Labor Standards Act (FLSA), non exempt employees are entitled to overtime pay when they work more than 40 hours in a given workweek. For a number of different reasons, calculating overtime pay can be complicated, especially for tipped employees. You may be wondering: Do tipped employees get overtime pay in… Read More »
Workplace Retaliation in Florida: An Overview of Temporal Proximity
It is illegal for your employer to take an adverse action against you simply because you engaged in a protected activity. As explained by the U.S. Equal Employment Opportunity Commission (EEOC), these types of cases are called workplace retaliation claims. A company or organization can be held legally liable for unlawfully retaliating against a… Read More »
Florida Company Agrees to Pay $35,000 to Settle Disability Discrimination Lawsuit
On December 18th, 2020, the Equal Employment Opportunity Commission (EEOC) announced that Interconnect Cable Technologies Corporation—an electronic products manufacturing company headquartered in Florida—will pay $35,000 to settle a disability discrimination claim filed on behalf of an employee. The company also entered a consent decree with the federal agency. The EEOC filed the employment claim… Read More »
Religious Accommodations in the Workplace: An Overview of Employee Rights
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and job applicants on the basis of religion or their lack of religion. Beyond merely avoiding overt acts of disparate treatment, covered employers also have a duty to provide reasonable religious accommodations to employees. Many workers in Florida have… Read More »