Author Archives: Jay Butchko
“Regarded as Having a Disability”: Can a Florida Business Fire an Employee Because They Might Contract a Disease in the Future?
The Americans with Disabilities Act (ADA) as Amended is a broadly interpreted federal statute. Not only does it prohibit employers from discriminating against employees based on their disability, but also a “perceived” disability. For example, employers cannot fire or discipline an employee due to a disability the employer thinks they may have, even if… Read More »
Expanding the White Collar Exemption: What the U.S. Labor Department’s New Overtime Regulations Effective January 2020 Mean for Your Business and Payroll
The U.S. Fair Labor Standards Act (FLSA) sets certain minimum wage and overtime rules for eligible employees. Under existing rules, certain “white collar” workers, such as those in professional or managerial positions who meet set criteria, are considered exempt from overtime requirements if they are paid an annual salary that meets or exceeds a… Read More »
Facing an FMLA Lawsuit? How Properly Tracking Employee Time and Leave Can Protect Your Florida Business
If you run a Florida business with at least 50 employees, you may be subject to the Family and Medical Leave Act (FMLA). This federal law guarantees eligible employees the right to take up to 12 weeks of unpaid leave over a 12-month period in order to care for their own serious health condition… Read More »
Living in the Post-#MeToo Era: The Importance of Workplace Sexual Harassment Training
The Harvard Business Review (HBR) recently published the results of a 2018 survey of 263 women regarding their experiences with sexual harassment in the workplace. This was actually a follow-up to a 2016 HBR survey, which was completed before the “#MeToo movement took on wide momentum,” according to the authors. The 2018 survey therefore… Read More »
“When Do You Plan on Having Another Baby?”: Sarasota Employer’s Pregnancy Discrimination Leads to $70,000 Settlement
The U.S. Equal Employment Opportunity Commission (EEOC) said it received approximately 3,000 complaints related to pregnancy discrimination in 2018 alone. Although federal and state law is clear on this subject, many employers continue to think it is acceptable for them to refuse to hire or promote a female employee because they are pregnant–or may… Read More »
Florida Amends Restrictive Covenant Law to Bans Certain Physician Non-Compete Agreements
Florida law allows in certain circumstances non-compete agreements between employers and employees, provided they are “reasonable in time, area, and line of business,” and the employer can show it has a “legitimate business interest” in any such restrictions. Earlier this year, the Florida legislature amended the law to prohibit a particular type of non-compete… Read More »
Is Complying with the FMLA Enough? What Florida Employers Need to Know About the Americans with Disabilities Act and Unpaid Leave for Employees
When crafting employee leave policies, it is important that employers understand their obligations for leave under the law. The Family and Medical Leave Act (FMLA) requires employers to provide up to 12 weeks of unpaid leave per 12-month period. Yet even beyond provisions of the FMLA, employers also should consider adopting flexible leave policies… Read More »
Is Employee Sexual Harassment Training Mandatory for My Business?
Sexual harassment is a type of illegal sex discrimination under both state and federal law. An employer can be held liable not only for its own acts of sexual harassment, but in some cases acts of sexual harassment committed by employees/managers as well. To protect both your business and employees, it is imperative that… Read More »
It’s Summer and Florida Employers Are Hiring High School Students, But Do They Understand Child Labor Laws?
Many high school students are eager to earn some extra money working a summer job. And there are plenty of Florida employers who will gladly hire relatively low-wage, younger workers to meet their seasonal needs. But just because the kids are not in school, that does not mean they can be treated the same… Read More »
Disloyalty or Retaliation? Federal Appeals Court to Reconsider Whether Employer Can Fire Manager for Allegedly Encouraging Discrimination Lawsuits Against the Company
Federal law not only prohibits discrimination on the basis of certain protected characteristics, such as race or sex. It also forbids employers from engaging in acts of “retaliation” in response to allegations of discrimination. In other words, you cannot fire or demote an employee just because they filed a discrimination complaint against you with… Read More »