Author Archives: Jay Butchko
Age Discrimination in Florida Employment: Do I Have a Claim?
Concerned you have been the victim of age discrimination in Florida? Were you recently demoted or terminated for reasons that may have to do with your age? Or did you apply for a job recently, and do you suspect that the company decided not to hire you because of your age? You may be… Read More »
The Stress of It All: ADA Stressful Workplace Claims
There is no dispute that work can be stressful. But when does the stress of the job become so severe that it may qualify you to make a request for a reasonable accommodation under disability law, including Americans With Disabilities Act as Amended (ADA) accommodations from your employer? If the stress comes from the… Read More »
Am I an Independent Contractor or an Employee? And Can I Choose?
Many people who work in Florida, want to know if they are classified as independent contractors or employees. This is especially true for those who perform contracting work, are paid commission-only, or get paid through their own company (like an LLC), For instance, if you do part-time editing work for a local company, or… Read More »
Proposed Legislative Changes to the Florida Civil Rights Act and HB 1255
Change is a coming, but should you be worried? We’re talking about the Florida Civil Rights Act and HB 1255, a new bill has recently been introduced in the Florida House of Representatives by the Florida Commission on Human Relations, the entity charged with enforcing the Florida Civil Rights Act. The proposed legislation, HB… Read More »
On the Horizon: Florida Legislation SB 410 Seeks Equal Pay for Women
In the wake of the success of California and Massachusset’s new, state equal pay acts, Florida legislatures have the opportunity to make a mark in history with SB 410. SB 410, seeks to ban employers from paying workers differently based on sex or gender identity. While there is already federal law making unequal pay… Read More »
The ABCs of Federal Employee Complaints: Understanding Distinctions Amongst the OSC, MSPB, and EEO
Are you a federal employee with an employment issue? As an employee with a claim against the federal government for a workplace issue, you may be asserting claims concerning employment discrimination, a whistleblower situation, or a claim related to a personnel action in which you will need to appeal to the Merit Systems Protection… Read More »
Bringing Claims Under the Florida Civil Rights Act or Title VII of the Civil Rights Act of 1964: What’s the Difference in Damages?
If you are considering moving forward with litigation for an employment discrimination claim, you may have to decide which claims to file. While many individuals may have the option of bringing claims under both the Florida Civil Rights Act (FCRA) as well as Title VII of the the Civil Rights Act of 1964 (Title… Read More »
Can an Employment Investigation Be Privileged?
Does your workplace currently have a rule or a policy that requires confidentiality for any employees who are involved in workplace investigations? For instance, your workplace may have a policy that requires any employees who are under investigation, or who are witnesses as part of an investigation, to maintain confidentiality when it comes to… Read More »
Employer Insurance Coverage for Gender Transition or Sex Transformation Procedures: Robison v. Dignity Health (N.D. Cal)
If you work for an employer through which you have insurance coverage, yet your coverage does not include “sex transformation surgery,” could your employer be violating the law? As the recent Northern District of California case of Robinson v. Dignity Health contends, this may represent a form of gender discrimination. Although the case is… Read More »
ADA Title III Claims and Website Accessibility
You might know that Title III of the Americans with Disabilities Act (ADA) protects people from disability discrimination in places of public accommodation. For employers who have physical structures in which their businesses are based, it is clear how Title III applies to those spaces. However, what has not been so clear in recent… Read More »