Author Archives: Jay Butchko
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 »
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 »