Author Archives: Jay Butchko
Can Employers Discipline “Abusive Conduct” Even When It Involves Employee Organizing? NLRB Reverses Course on Key Test for Assessing Workplace Speech
Florida employers often face conflicting legal obligations. For example, an employer must not engage in conduct that interferes with the rights of their employees under the National Labor Relations Act (NLRA) to unionize or join together to advocate for better working conditions. At the same time, if employees engage in “abusive conduct,” the employer… Read More »
You Cannot Fire Your Way Out of a Sexual Harassment Complaint: Tampa Business Owner Faces Federal Lawsuit Over Former Truck Driver’s Allegations
There are two misconceptions that some Florida business owners may have regarding sexual harassment. The first is that it is only a problem if the victim of the harassment is female. The second is that you can “take care of” a harassment issue by firing the employee who complains about it. Neither of these… Read More »
Do I Have to Count My Employees’ Christmas Bonuses Towards Overtime? How the Fair Labor Standards Act Defines a Worker’s “Regular Rate” of Pay
Under the Fair Labor Standards Act (FLSA), a non-exempt employee is entitled to overtime compensation if they work more than 40 hours in a given workweek. Overtime pay must be at least 150 percent of the employee’s “regular rate” of pay. The regular rate of pay is calculated based on “all remuneration for employment… Read More »
“Don’t Complain or We Might Get Sued!” Why Florida Employers Need to Avoid Discouraging Employees from Voicing Concerns About Workplace Discrimination
Florida employers need to exercise care when dealing with employees who have alleged illegal discrimination in the workplace. Even if the allegations of discrimination prove to be unfounded, you cannot punish the employee who initially made the complaint. Such acts of “retaliation” are also illegal. Of course, you can still discipline or fire an… Read More »
Accommodating Pregnant Employees: How Florida Businesses Can Get Into Trouble for Treating Employees Facing “Similar” Medical Restrictions Differently
Federal law prohibits Florida employers from discriminating against employees on the basis of their pregnancy. This means that an employer must treat a pregnant employee the same as other persons “not so affected but similar in their ability or inability to work.” In other words, when crafting employment policies, you cannot treat pregnant workers… Read More »
Keeping Workplaces Safe: EEOC Advises Employers They Can Screen Employees for COVID-19 Symptoms
Much like the underlying public health situation, the legal environment surrounding the COVID-19 pandemic remains in a constant state of change. Regulators and members of the public alike must adjust to a “new normal” when it comes to maintaining safe workplaces. To that end, the Equal Employment Opportunity Commission (EEOC) recently revised its own… Read More »
Know Your Rights While Protesting Police Brutality: A Message from Scott Law Team
The May 25 killing of George P. Floyd, Jr., by a Minneapolis police officer has sparked worldwide civil rights protests. Black Lives Matter and other organizations have used Floyd’s death to highlight the lack of accountability for police officers who use excessive–and often deadly–force against members of the community they are sworn to serve…. Read More »
The U.S. Supreme Court Ruled on June 15, 2020 that the “Sex” Prong in Title VII Employment Discrimination Suits Extends to Gay and Transgender People
The U.S. Supreme Court Ruled on June 15, 2020 that the “Sex” Prong in Title VII Employment Discrimination Suits Extends to Gay and Transgender People READ MORE >>
Job Protection Under FMLA: Why You Must Ensure Your Employees Return to the Same or “Equivalent” Position After Taking Leave
If you own or operate a Florida business with at least 50 employees, you are required to comply with the federal Family and Medical Leave Act (FMLA). Additionally, during the COVID-19 pandemic, private employers with fewer than 500 total employees must also comply with the provisions of the Emergency Family and Medical Leave Act… Read More »
The Cat’s Paw Theory: Why Florida Employers Need to Independently Verify a Supervisor’s Recommendation to Discipline or Fire an Employee
Consider the following scenario: You are the owner of a business. One day, a supervisor comes to you and informs you that an employee has been caught stealing from the company. The supervisor advises you fire the employee right away. You accept your supervisor’s recommendation and think nothing more of the matter. Then, a… Read More »