Author Archives: Jay Butchko
“When Do You Plan on Having Another Baby?”: Sarasota Employer’s Pregnancy Discrimination Leads to $70,000 Settlement
The U.S. Equal Employment Opportunity Commission (EEOC) said it received approximately 3,000 complaints related to pregnancy discrimination in 2018 alone. Although federal and state law is clear on this subject, many employers continue to think it is acceptable for them to refuse to hire or promote a female employee because they are pregnant–or may… Read More »
Florida Amends Restrictive Covenant Law to Bans Certain Physician Non-Compete Agreements
Florida law allows in certain circumstances non-compete agreements between employers and employees, provided they are “reasonable in time, area, and line of business,” and the employer can show it has a “legitimate business interest” in any such restrictions. Earlier this year, the Florida legislature amended the law to prohibit a particular type of non-compete… Read More »
Is Complying with the FMLA Enough? What Florida Employers Need to Know About the Americans with Disabilities Act and Unpaid Leave for Employees
When crafting employee leave policies, it is important that employers understand their obligations for leave under the law. The Family and Medical Leave Act (FMLA) requires employers to provide up to 12 weeks of unpaid leave per 12-month period. Yet even beyond provisions of the FMLA, employers also should consider adopting flexible leave policies… Read More »
Is Employee Sexual Harassment Training Mandatory for My Business?
Sexual harassment is a type of illegal sex discrimination under both state and federal law. An employer can be held liable not only for its own acts of sexual harassment, but in some cases acts of sexual harassment committed by employees/managers as well. To protect both your business and employees, it is imperative that… Read More »
It’s Summer and Florida Employers Are Hiring High School Students, But Do They Understand Child Labor Laws?
Many high school students are eager to earn some extra money working a summer job. And there are plenty of Florida employers who will gladly hire relatively low-wage, younger workers to meet their seasonal needs. But just because the kids are not in school, that does not mean they can be treated the same… Read More »
Disloyalty or Retaliation? Federal Appeals Court to Reconsider Whether Employer Can Fire Manager for Allegedly Encouraging Discrimination Lawsuits Against the Company
Federal law not only prohibits discrimination on the basis of certain protected characteristics, such as race or sex. It also forbids employers from engaging in acts of “retaliation” in response to allegations of discrimination. In other words, you cannot fire or demote an employee just because they filed a discrimination complaint against you with… Read More »
Employee or Independent Contractor? Understanding the Factors Federal Courts Use to Decide Who Is Which
The legal distinction between “employee” and “independent contractor” may not always be clear, but misclassifying a worker with the wrong classification can have severe (and expensive) repercussions. Many business owners think that if simply label a worker as an “independent contractor,” that is the end of the matter. But the law is not quite… Read More »
Keeping Up with the Law: Florida Employers and Employees: The Importance of Keeping Payroll Records
The Fair Labor Standards Act (FLSA) establishes nationwide minimum wage and overtime requirements. To enforce these rules, the FLSA also requires employers to keep accurate payroll records for any worker entitled to receive the minimum wage and overtime pay. According to the U.S. Department of Labor, such records should accurately track an employee’s hours… Read More »
Florida Governor DeSantis Signs Bill for Unemployment Benefits for Victims of Domestic Violence
Florida law provides for unemployment compensation–known as “reemployment assistance”–for workers who lose their jobs through no fault of their own. Typically, employees who voluntarily leave their position are not qualified to receive these benefits. However, there are some exceptions, such as a person who quits their job to relocate with a spouse in the… Read More »
Sexual Harassment Is No Laughing Matter: Florida Employer Faces Federal Lawsuit for “Abusive Contact and Retaliation”
Sexual harassment is a form of illegal sex discrimination under both federal and Florida state law. The laws further prevent an employer from being passive when an employee makes a complaint regarding possible harassment. Under both federal and state laws, employers must have appropriate policies and procedures in place to process, investigate, and handle… Read More »