Author Archives: Jay Butchko
How Do You Prove Wrongful Termination?
A wrongful termination is the dismissal of an employee in violation of their employment contract or the law. It could be due to discrimination, retaliation, or failure to follow the correct disciplinary or termination procedures. It is an unlawful act that gives rise to an employment law claim. Here, you will find an overview… Read More »
Florida Governor Blocks Local Heat Protection Laws for Outdoor Workers
According to a report from the Tallahassee Democrat, Florida Governor Ron DeSantis has blocked the ability of local/municipal governments in the state from establishing heat protection laws to protect outdoor workers. The legislation signed by the Governor makes it unlawful (and unenforceable) for any local governments to enact their own municipal heat safety regulations…. Read More »
FTC Announces Ban On Non-Compete Agreements: An Overview of the Rule and What is Likely to Come Next
On April 23rd, 2024, the Federal Trade Commission (FTC) announced a new final rule that largely prohibits the use of non-compete agreements by employers. While there are some limited exceptions, the rule in its current form would eliminate most non-compete agreements on the grounds that they reduce competition and employee wages. Litigation is already… Read More »
Employer in Florida Will Pay More than $130,000 in Back Wage to Resolve Gender Discrimination Case
On May 2nd, 2024, the Department of Labor (DOL) confirmed that Sysco West Coast Florida Inc.—a food distribution and restaurant supplies company—will pay more than $130,000 in back wages to resolve a gender discrimination claim. The discrimination reportedly occurred in the company’s Palmetto facility in Manatee County where the alleged hiring practices of the… Read More »
Three Lawsuits Have Been Filed to Stop the FTC’s Non-Compete Ban (Initial Rulings Expected By Early July)
In April of 2024, the Federal Trade Commission (FTC) announced a comprehensive regulation banning most employee non-compete agreements nationwide. The regulation is set to take effect in September of 2024. However, several lawsuits have already been filed in an effort to block the rule. Within this article, you will find a brief overview of… Read More »
Federal Court Permits Former HR Manager’s Pregnancy Discrimination Claim Right to Move Forward
On May 14th, 2024, Law.com reported that a federal court is allowing the pregnancy discrimination lawsuit of former human resources (HR) Manager of a Florida-based law firm to move forward. In Florida, pregnancy discrimination claims are generally brought under the federal Pregnancy Discrimination Act (PDA). In this article, you will find an overview of… Read More »
Are State Government Employees Protected By Whistleblower Laws in Florida?
There are more than 160,000 state government employees in Florida. State policy encourages good government and there are specialized rules and regulations that apply to state employees. This raises an important question: Are state workers protected by whistleblower laws in Florida? The short answer is “yes”—the Florida Public Whistleblower Act protects state and municipal… Read More »
Wage and Hour Case: More than $180,000 Recovered on Behalf of Restaurant Workers in Southwest Florida
On February 7th, 2024, the Department of Labor (DOL) confirmed that it recovered $184,139 in back wages and liquidated damages for several dozen restaurant workers who were improperly denied the full and fair compensation that they earned under the law. The DOL determined that Sails Restaurant LLC—a Naples, FL-based business—violated seasonal guest worker requirements…. Read More »
What Should an Employer in Florida Do If an Employee Complains About Sexual Harassment?
Sexual harassment in the workplace remains a significant issue. The Equal Employment Opportunity Commission (EEOC) explains that “the harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.” In other words, employers have a proactive… Read More »
Florida Court Finds Company Not a “Joint Employer” in Workplace Dispute
On January 29th, 2024, the United States District Court for the Middle District of Florida declined to find a company a “joint employer” in a workplace dispute. In the case of Williams v. R.T.G. Furniture Corp., the court found that the two employers at issue—R.T.G. Furniture Corp. and SE Independent Delivery Services, Inc. (SEIDS)—are… Read More »