Author Archives: Jay Butchko

If You Don’t Have Anything Nice to Say… Considerations for Employers Discussing Reasons for Employee’s Separation
Requests for references from former employers is a common occurrence in today’s workplace. But as a Florida employer, the reference you may give can get you in hot water. So, before you pick up the phone to provide your next reference or to talk to other coworkers about the reasons for an employee’s departure,… Read More »

A Whole Year of Paternity/Maternity Leave: How Companies are Leading the Curve and How Your Company Can Do It
The United States may be known around the world for providing progressive rights to its citizens, but there is one area where the U.S. unquestionably falls behind others: family leave. For instance, the U.S. is the only developed nation that does not require employers to offer paid leave for new parents. According to a… Read More »

Florida’s “Bring Your Guns To Work Law”: Can Employees Have Their Guns at Their Florida Workplace?
Although Florida has been devastated by several high-profile mass shootings in recent years, state law continues to favor a strictly pro-gun rights interpretation of the Constitution. This means that even when Florida employers wish to restrict the presence of firearms on their own property for safety reasons, they may not do so under Florida… Read More »

NLRB “Returns” to Pre-2014 Standard for Classifying Independent Contractors
The legal question of whether to classify someone as an “employee,” rather than as an “independent contractor,” remains divisive. In some jurisdictions, such as California, the courts have moved to a more expansive definition of “independent contractor” based on changing economic norms. But recently, the U.S. federal agency the National Labor Relations Board (NLRB)… Read More »

Employer Practices in Florida: The Pros and Cons for Offering Employees Unlimited Vacation Leave
According to a recent survey by the Society for Human Resource Management (SHRM), 92 percent (92%) of employees said paid leave was the single most important factor in determining their “overall job satisfaction.” Yet only 73 percent (73%) of these same employees said they were satisfied with the amount of paid leave offered by… Read More »

Sick Leave: Your Rights Under Florida Law
The New York Times recently published a report on “The Death of the Sick Day,” which illustrated the number of people who elect to work from home when they are not feeling well enough to go into the office or even those recovering from a serious medical condition. And this trend is not just… Read More »

Domestic Violence and Your Florida Job: When You Need Time Off Work for Domestic Violence Issues
It is no understatement: Domestic violence takes an enormous toll on its victims. In addition to the physical and mental trauma, many victims are worried about their financial security. For instance, what if you need to take a day off from work to speak with a lawyer or meet with a prosecutor about your… Read More »

Can Florida Employers Require All Job Applicants to Take Drug Tests?
Workplace drug testing is a controversial subject. Many employers feel its imperative to maintain a drug-free workplace. But employees also have legitimate privacy concerns about such tests. So what does Florida law actually permit–or require–when it comes to drug testing? Maintaining a “Drug-Free Workplace” in Florida From the standpoint of federal labor laws, drug… Read More »

Artificial Intelligence in the Workplace and Discrimination: The Future of Work
A major benefit to progressive technology is automating routine tasks for efficiency. For instance, many businesses may use computer programs like Quickbooks or even Microsoft Excel to assist with mathematical equations to help run an efficient ledger. But there are some aspects of business where automation can raise significant legal issues. Let’s consider one… Read More »

What Is a Chief Freelance Officer and Do I Need One in My Workplace?
In today’s gig economy, we are seeing more workers than ever who are considered self-employed or independent contract workers*. For many established businesses, these freelancers provide a relatively less-expensive and more flexible alternative to traditional employees. But as firms become more dependent on these non-employees to complete mission-critical projects, and without the workers being… Read More »