Author Archives: Jay Butchko
Can My Employer Deduct Uniform Expenses from My Paycheck and Still Meet Minimum Wage Requirements?
If you work for minimum wage in Florida, which is currently $8.10 per hour (as of date of this blog), can your employer deduct the cost of a uniform or other required work apparel from your paycheck and still meet minimum wage requirements under the Fair Labor Standards Act (FLSA)? And if an employer… Read More »
What Does it Mean to Be a Whistleblower Under the Florida Private Whistleblower Act?
What does it mean to be a whistleblower in Florida against your private-employer? And more specifically, how is a whistleblower defined under the Florida Private Sector Whistle-Blower’s Act (Florida Statutes Section 448.102)? Florida has two separate statutes designed to protect whistleblowers—one designed to protect public employees, and a second designed to protect employees in… Read More »
What Happens During the EEOC and FCHR Investigation Process After I File a Charge of Discrimination against my Florida Employer?
So, you realized you may have an employment discrimination claim. If you’re at the point where you’ve gotten your ducks in a row and filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) and/or Florida Commission on Human Relations (FCHR), you may then be wondering, what happens next? At first… Read More »
Am I Protected Against Pregnancy Discrimination Under Florida Law?
There are many ways in which women may face employment discrimination, from unequal pay to pregnancy discrimination on the job. If you work in Florida and were terminated or demoted after your employer found out you were pregnant, what kinds of protections exist under current law? Until 2015, the Florida Civil Rights Act (FCRA)… Read More »
What Can I Do if My Employer Decides to Keep an Employee Who is Discriminating Against Me?
It may be that you’ve complained about someone at work who is discriminating/harassing or retaliating against you at your Florida workplace, yet nothing has been done – that person is still employed. Or, maybe the employer decided to hire someone that they knew or should have known had a background of harassing behavior or… Read More »
What Does it Mean to Be a Whistleblower against a Public Employer in Florida?
You might have heard about certain protections for whistleblowers in Florida, but how exactly does the law define a whistleblower in the public employment arena? And in practice, what does it mean to be a whistleblower at your public employer workplace? In order to help you understand what it means to be a whistleblower… Read More »
What is a Hostile Working Environment and What Should I Do if I Think I Have One?
Feel like the treatment you’re facing at work is unbearable? When might your workplace situation rises to the level of a hostile work environment claim? Hostile work environment claims are one of the most commonly misunderstood claims under the law. Many people believe that they have a hostile work environment claim when a coworker… Read More »
In Florida, Can I Have Two Different Employers For the Same Job? What is a Joint Employer?
It may be a term introduced to you from an initial job interview or maybe it is something that comes up when you’re completing your new hire paperwork: “joint employers.” Perhaps, for others, it is a term you’ve never heard in the workplace, but wondering if it may apply to your work situation. Generally… Read More »
What Does It Mean to “Mitigate Your Damages” in Your Employment Law Case, and Why Does It Matter?
An individual seeking to proceed with a claim for wrongful termination or discrimination in the workplace may be informed at some point of the need to “mitigate their damages.” But what does it mean to “mitigate damages” and why are these important in your employment claim? In short, mitigating your damages means that an employee… Read More »
Florida Court Holds Employee Who Testifies at Deposition is Covered for Whistleblower Protections Under Fla. Stat. 448.102 Addresses
In a recent ruling in the case of Bishop v. Olen Residential Property Corp pending before the Circuit Court of the Fifteenth Judicial Circuit of Palm Beach County, Judge Meenu Sasser held an employee who testifies at a deposition is covered under the second prong of the Florida Whistleblower Act (Fla. Stat. 448.102(2). Recognizing… Read More »