Author Archives: Jay Butchko

Legal27

Administrative Law Judge Approves $249,000 Wage And Hour Settlement; Denial Of Pay And Guest Worker Violations

By Scott • Wagner and Associates |

On March 10th, 2022, the Department of Labor (DOL) confirmed that an administrative judge has approved a proposed settlement in a wage and hour and employment law violation case. Jose M. Gracia Harvesting Inc.—an agricultural labor contractor based in Polk County, Florida—has agreed to pay nearly $250,000 to resolve the matter. In this article,… Read More »

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DisabledEmployee

Can I Get Telework As A Reasonable Accommodation?

By Scott • Wagner and Associates |

The Americans with Disabilities Act of 1990 (ADA) is a federal law that prohibits disability discrimination. The statute imposes a number of different responsibilities under employers with 15 or more employees, including the duty to provide reasonable accommodation. You may be wondering: Can I get telework as a reasonable workplace accommodation? The answer depends… Read More »

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Pillars

Three Key Employment Law Matters Headed To The Supreme Court In 2022

By Scott • Wagner and Associates |

Many important legal issues are headed before the Supreme Court of the United States in the coming year, including in the field of employment law. The nation’s highest court is set to shape the law on multi-state wage and hour issues, mandatory arbitration rules, and the scope of federal agency power to regulate the… Read More »

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Can I File A Discrimination Lawsuit If I Was Passed Over For A Promotion?

By Scott • Wagner and Associates |

Promotions matter. Not only can a promotion lead to better pay and better benefits, it can help an employee advance their career—both inside of their current company and at any company that they work at in the future. The unfair denial of an opportunity to compete for a promotion can cause real harm to… Read More »

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LaborLaw5

DOL Cities Florida Employer For Labor Violations (Failure To Reimburse Fees)

By Scott • Wagner and Associates |

On March 31st, 2022, the Department of Labor (DOL) cited an employer in Florida for wage and hour violations. The DOL assessed a $37,000 civil penalty and recovered nearly $10,000 in back wages for the affected workers. The enforcement action pertains to the company’s failure to properly reimburse nonimmigrant guest workers for certain fees…. Read More »

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Overtime3

DOL Recovers $105,000 On Behalf Of Employees From Florida Health Care Provider That Violated Overtime Laws

By Scott • Wagner and Associates |

On January 4th, 2022, the Department of Labor (DOL) announced the recovery of $105,000 in unpaid overtime on behalf of several dozen employees in Florida. The DOL determined that HealthPlan Services Inc.—a medical industry benefits management company based in East Lake-Orient Park, Florida—failed to properly compensate employees for pre-shift work and did not count… Read More »

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Vaccine

Employment Law: Supreme Court Blocks OSHA Vaccine Mandate

By Scott • Wagner and Associates |

In 2021, the Occupational Safety and Health Administration (OSHA) put a workplace COVID-19 vaccine mandate in place for many large employers. In effect, the federal regulation required all employers with 100 or more workers to 1) require COVID-19 vaccination by January 6th, 2022, or 2) Put a program in place to test unvaccinated workers… Read More »

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IndependentContractor

What Rights Do Independent Contractors Have In Florida?

By Scott • Wagner and Associates |

Employers in Florida and throughout the United States are increasingly relying on the workplace contributions of independent contractors. The Pew Research Center finds that approximately ten percent of people nationwide currently work or recently worked as an independent contractor. You may be wondering: Do independent contractors have rights in Florida? The answer is ‘yes’—but,… Read More »

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EmploymentDiscrimination

Florida Employer Pays $50,000 To Resolve Religious Discrimination Claim

By Scott • Wagner and Associates |

On January 27th, 2022, the Equal Employment Opportunity Commission (EEOC) announced that Tampa Bay Delivery Service, LLC—an Amazon-associated delivery contractor serving the Greater Tampa region—has agreed to pay $50,000 to settle a religious discrimination lawsuit. Below, you will find a more detailed explanation of the discrimination settlement reached by the EEOC and the Florida… Read More »

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WageHourMoney

DOL Recovers Nearly $50,000 In Back Wages On Behalf Of Florida Restaurant Workers

By Scott • Wagner and Associates |

On February 4th, 2022, the United States Department of Labor (DOL) confirmed that $47,088 has been recovered in back wages for approximately 30 restaurant workers. The DOL determined that Mezcal Mexican Grill—a restaurant based in Miramar Beach, Florida—failed to pay bartenders and servers their proper overtime wages. Notably, a staffing company was also deemed… Read More »

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