Author Archives: Jay Butchko
Eleventh Circuit Reinforces Convincing Mosaic Standard in Gender and Race Discrimination Cases
The case of Lewis v. Union City, Georgia, No. 15-11362 (11th Cir. December 15, 2017) involved perception of disability and the convincing mosaic standard for her race and gender claims. Jacqueline Lewis is an African American police detective who was terminated from her position after ten (10) years of service based on the allegation… Read More »
Using the Employer’s Computer System at Work: What is Allowed and What is Illegal (the Computer Abuse and Data Recovery Act)?
If you have a job in Florida in which you regularly have access to your employer’s computer system, or if your job requires you to be on the computer as part of your job duties, you probably wonder with some frequency: what is allowed and what is illegal when it comes to using the… Read More »
What Are Legitimate Business Interests and What Does that Have to Do with My Florida Non-Compete Agreement?
If you’re like many employees working in Florida, you may have signed a non-compete agreement at some time during your employment. Commonly, employees are asked to sign a non-compete as part of their offer of employment letter. Even sometimes, the non-compete agreement is contained within the Employee Handbook and part of what you sign… Read More »
Responding to Complaints of Sexual Harassment in the Workplace: Tips for Employers, Business Owners, and Managers
There is no doubt about it. Sexual harassment claims are on the rise. The EEOC reports that it receives more than 27,000 complaints of sexual harassment in the workplace each year. And with the recent allegations against many prominent figures in the media, these types of claims do not show signs of slowing down… Read More »
Responding to Employee Complaints in the Workplace: Best Practices for Business Owners, Employers, and Managers
Are you an employer who received a complaint from an employee concerning employment discrimination or sexual harassment? The first question any employer has in this circumstance is what to do. Have a System in Place to Receive Complaints What are best practices for employers, business owners, and managers who receive complaints from employees? First… Read More »
Can My Florida Employer Automatically Deduct My Lunch Breaks From My Paycheck?
Are you an hourly employee in Florida whose employer automatically deducts lunch breaks from your paycheck, regardless as to whether you take the break or how long your break may be? If so, is this legal? In short, an employer may deduct a lunch break from your paycheck, but within limitations. Your employer may… Read More »
What is a Charge of Discrimination?
If you have been the subject of employment discrimination or retaliation in Florida, you may be considering what steps you need to take to protect your rights under the law. Under Florida state law as well as federal law, there are important prerequisites an employee must take to preserve their abilities to bring a… Read More »
Are Criminal Background Checks for Florida Employees Legal?
When you apply for a job in Florida, is your future employer allowed to use the results of a criminal background check when making an employment decision? Or are they allowed to run a background check on you prior to offering you the position? What about running a background check on you while you… Read More »
Do I Have to Give Employees Working in Florida Meal Breaks or Rest Breaks Under Florida Law?
When it comes to meal breaks and rest breaks in Florida, are employers required to give these to employees? In other words, is an employee entitled to a meal break and/or a rest break anytime they are at work? What are the limitations with regard to an employee’s rights to breaks? And does an… Read More »
What Does It Mean to File a Charge of Discrimination and Who Can File One?
If you believe you have been discriminated or retaliated against at your Florida workplace due to your race, religion, national origin, gender, genetic information, disability, age, or sexual orientation, or even if you are an employer who is facing a discrimination charge, you are likely to have a lot of questions about how the… Read More »