Author Archives: Jay Butchko
Unpaid Overtime in Florida: Your Guide to Liquidated Damages
Under the federal Fair Labor Standards Act (FLSA), non exempt employees are entitled to time-and-a-half pay (1.5x normal rate of pay) for all hours worked beyond 40 in a given week. Employers that fail to pay timely overtime wages can be held liable. An employee may be entitled to recover compensation for the wages… Read More »
Florida Employment Law: What is a Constructive Discharge?
An employee may leave a job for a wide variety of different reasons. In some cases, the position may simply not be the right fit. In other cases, there may be a better opportunity available. Of course, not all workers resign of their own volition. Unfortunately, some employees are all but forced to quit… Read More »
If My Non-Compete Agreement is Lost, Is It Still Enforceable?
Under Florida law, non-compete agreements are enforceable, subject to certain restrictions. One such restriction is that the agreement must be in writing and signed by the employee. In other words, an oral non-compete agreement is unenforceable. But what if your non-compete agreement is lost – is it still enforceable? Courts May Consider “Parol” Evidence… Read More »
Is My Non-Compete Agreement Overbroad? When a Court May Decide to Limit the Geographic Scope of a Non-Compete
Many people sign non-compete agreements with their employers without necessarily taking the time to understand its precise terms. You may just assume the non-compete limits you to working for a competitor in the same town or county, especially when the agreement says as much. But while many non-compete agreements may purport to apply on… Read More »
Are “Opt-Out” Arbitration Agreements Enforceable in Florida?
At some point in an employee’s employment history, they may be requested to sign an arbitration agreement by their employer. “Opt Out” Arbitration Agreements are a new form of these type of agreements. If you find yourself presented with an Opt Out Agreement, what do they mean, and are they legal? In short, yes,… Read More »
My Employment Contract Requires Me to Repay Training Costs If I Leave the Company, Is this Legal Under Florida law?
Does your employment contract include a provision that requires you to repay your company or organization for training costs if you leave your position? If so, you may be wondering: Is this type of contract enforceable in Florida? The short answer is ‘it depends.’ Florida courts may uphold a contract that forces an employee… Read More »
My Former Employer Threatened to Enforce an Overbroad Non-Compete Against Me and Now I Lost My New Job. Is This Legal in Florida?
In Florida, non-compete agreements are enforceable against employees and independent contractors, but only if they meet certain narrow legal standards. Unfortunately, in practice, some employers try to force workers to sign overly restrictive non-competes. Worse yet, an employer may even attempt to threaten to enforce an illegitimate agreement—potentially putting a worker’s new job offer… Read More »
One Year or Four Years? Understanding the Statute of Limitations for Employment Discrimination Lawsuits in Florida
When a Florida worker believes they have been the victim of illegal discrimination in the workplace, the law requires they first file an administrative complaint, either with the federal Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). When the FCHR receives a complaint, it then has 180 days to… Read More »
Can Restaurants Make Minimum-Wage Servers Pay for Their Own Uniforms? Here Is What Federal and Florida State Laws Say
Many Florida employers require their employees to wear uniforms. In some cases, the employer may even require the employee to purchase their own uniforms. But under federal and state labor laws, the employer cannot require such purchases when it would either reduce an employee’s wages below the applicable statutory wage or cut into any… Read More »
No “Mulligan” for Employers: How Binding Arbitration Agreements Can Cut Both Ways
Many Florida businesses require employees to agree to arbitration employment disputes as a condition of employment. However, as the 11th Circuit recently affirmed, when an arbitration provision requires arbitration as the final decision maker for disputes – both the employer and employee will be stuck with an arbitrator’s outcome. While arbitration is often viewed… Read More »