Author Archives: Jay Butchko
Is there a Statute of Limitations for Unpaid Overtime in Florida?
In Florida, non-exempt workers must be paid overtime pay for overtime hours (more than 40 in a week). Overtime pay in Florida is governed by the federal Fair Labor Standards Act (FLSA). Were you denied the overtime pay you earned? You have the right to bring a wage and hour claim to seek compensation… Read More »
How Do I Know if I am Properly Classified as Overtime Exempt?
Florida follows the federal Fair Labor Standards Act (FLSA) for overtime law. Under the FLSA, all non-exempt workers should be paid overtime wages (1.5x) for overtime hours. Exempt employees do not need to be paid overtime. However, an employer in Florida cannot simply decide whether or not a worker is exempt. There are specific… Read More »
Is Racial Harassment in the Workplace Legally Actionable?
The Florida Civil Rights Act of 1992 (FCRA) protects many workers in our state against racial discrimination, including race-based harassment. If you or your loved one was subject to racial harassment on the job, you may have a legal claim. When racial harassment is severe or pervasive, it can constitute unlawful race discrimination. An… Read More »
What if a Customer Commits Sexual Harassment of an Employee?
Sexual harassment at work does not always come from a supervisor, manager, or co-worker. In some cases, the harasser is a customer, client, patient, vendor, or other third party who interacts with employees as part of the job. Federal and Florida workplace harassment laws may require the employer to investigate, intervene, and take steps… Read More »
How Do You Prove You Worked Uncompensated Overtime Hours?
Florida follows the Fair Labor Standards Act (FLSA) for overtime pay. Non-exempt employees must be paid time-and-a-half for hours in excess of 40 in a given workweek. If you believe that you were denied full and fair overtime pay, you may be wondering: How do you prove you worked uncompensated or undercompensated overtime hours?… Read More »
Florida Clarifies FCRA Statute of Limitations
Recently, Governor Ron DeSantis signed a bill that clarifies the state’s statute of limitations for Florida Civil Rights Act (FCRA) claims. The legislation is designed to fix a longstanding confusing point about the deadline. Notably, the FCRA is the key state law for workplace discrimination cases. In this article, you will find a more… Read More »
Home Health Care: Criminal Background Checks (Expanded Requirements for Employers)
On July 1st, 2026, Florida HB 1069 (SB1168) will officially take effect. The legislation has implications for employment law. It expands the state’s criminal background check requirements for home health care industry employers. In this article, you will find a more comprehensive overview of the new background check requirements for employers in Florida. Florida… Read More »
EEOC Rescinds Four Decade Old Affirmative Action Guidance
On June 30th, 2026, the Equal Employment Opportunity Commission (EEOC) announced that it is rescinding agency affirmative action guidance that has been in place for more than four decades. It is now the position of the agency that the interpretive guidance on affirmative action is out of step with federal civil rights law. Understanding… Read More »
Are Employees of Private Companies in Florida Protected By Whistleblower Law?
Florida employees who work for private companies may be protected by the Florida Private Sector Whistleblower Act. The law prohibits covered employers from taking retaliatory personnel action against an employee who reports, threatens to report, provides information about, objects to, or refuses to participate in certain unlawful activities, policies, or practices. In this article,… Read More »
The Florida CHOICE Act
The CHOICE Act officially went into effect as of July 1st, 2025, in the State of Florida. Most see it as a way for businesses to implement more extreme restrictions on their employees, although the name would lead you to believe differently. Cathleen sat down with partner attorney Gabe Roberts, an expert on the… Read More »