Author Archives: Jay Butchko
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 »
Employee or Independent Contractor? Understanding the Factors Federal Courts Use to Decide Who Is Which
The legal distinction between “employee” and “independent contractor” may not always be clear, but misclassifying a worker with the wrong classification can have severe (and expensive) repercussions. Many business owners think that if simply label a worker as an “independent contractor,” that is the end of the matter. But the law is not quite… Read More »
Keeping Up with the Law: Florida Employers and Employees: The Importance of Keeping Payroll Records
The Fair Labor Standards Act (FLSA) establishes nationwide minimum wage and overtime requirements. To enforce these rules, the FLSA also requires employers to keep accurate payroll records for any worker entitled to receive the minimum wage and overtime pay. According to the U.S. Department of Labor, such records should accurately track an employee’s hours… Read More »
Florida Governor DeSantis Signs Bill for Unemployment Benefits for Victims of Domestic Violence
Florida law provides for unemployment compensation–known as “reemployment assistance”–for workers who lose their jobs through no fault of their own. Typically, employees who voluntarily leave their position are not qualified to receive these benefits. However, there are some exceptions, such as a person who quits their job to relocate with a spouse in the… Read More »
Sexual Harassment Is No Laughing Matter: Florida Employer Faces Federal Lawsuit for “Abusive Contact and Retaliation”
Sexual harassment is a form of illegal sex discrimination under both federal and Florida state law. The laws further prevent an employer from being passive when an employee makes a complaint regarding possible harassment. Under both federal and state laws, employers must have appropriate policies and procedures in place to process, investigate, and handle… Read More »
If You Don’t Have Anything Nice to Say… Considerations for Employers Discussing Reasons for Employee’s Separation
Requests for references from former employers is a common occurrence in today’s workplace. But as a Florida employer, the reference you may give can get you in hot water. So, before you pick up the phone to provide your next reference or to talk to other coworkers about the reasons for an employee’s departure,… Read More »
A Whole Year of Paternity/Maternity Leave: How Companies are Leading the Curve and How Your Company Can Do It
The United States may be known around the world for providing progressive rights to its citizens, but there is one area where the U.S. unquestionably falls behind others: family leave. For instance, the U.S. is the only developed nation that does not require employers to offer paid leave for new parents. According to a… Read More »
Florida’s “Bring Your Guns To Work Law”: Can Employees Have Their Guns at Their Florida Workplace?
Although Florida has been devastated by several high-profile mass shootings in recent years, state law continues to favor a strictly pro-gun rights interpretation of the Constitution. This means that even when Florida employers wish to restrict the presence of firearms on their own property for safety reasons, they may not do so under Florida… Read More »