Author Archives: Jay Butchko
NLRB “Returns” to Pre-2014 Standard for Classifying Independent Contractors
The legal question of whether to classify someone as an “employee,” rather than as an “independent contractor,” remains divisive. In some jurisdictions, such as California, the courts have moved to a more expansive definition of “independent contractor” based on changing economic norms. But recently, the U.S. federal agency the National Labor Relations Board (NLRB)… Read More »
Employer Practices in Florida: The Pros and Cons for Offering Employees Unlimited Vacation Leave
According to a recent survey by the Society for Human Resource Management (SHRM), 92 percent (92%) of employees said paid leave was the single most important factor in determining their “overall job satisfaction.” Yet only 73 percent (73%) of these same employees said they were satisfied with the amount of paid leave offered by… Read More »
Sick Leave: Your Rights Under Florida Law
The New York Times recently published a report on “The Death of the Sick Day,” which illustrated the number of people who elect to work from home when they are not feeling well enough to go into the office or even those recovering from a serious medical condition. And this trend is not just… Read More »
Domestic Violence and Your Florida Job: When You Need Time Off Work for Domestic Violence Issues
It is no understatement: Domestic violence takes an enormous toll on its victims. In addition to the physical and mental trauma, many victims are worried about their financial security. For instance, what if you need to take a day off from work to speak with a lawyer or meet with a prosecutor about your… Read More »
Can Florida Employers Require All Job Applicants to Take Drug Tests?
Workplace drug testing is a controversial subject. Many employers feel its imperative to maintain a drug-free workplace. But employees also have legitimate privacy concerns about such tests. So what does Florida law actually permit–or require–when it comes to drug testing? Maintaining a “Drug-Free Workplace” in Florida From the standpoint of federal labor laws, drug… Read More »
Artificial Intelligence in the Workplace and Discrimination: The Future of Work
A major benefit to progressive technology is automating routine tasks for efficiency. For instance, many businesses may use computer programs like Quickbooks or even Microsoft Excel to assist with mathematical equations to help run an efficient ledger. But there are some aspects of business where automation can raise significant legal issues. Let’s consider one… Read More »
What Is a Chief Freelance Officer and Do I Need One in My Workplace?
In today’s gig economy, we are seeing more workers than ever who are considered self-employed or independent contract workers*. For many established businesses, these freelancers provide a relatively less-expensive and more flexible alternative to traditional employees. But as firms become more dependent on these non-employees to complete mission-critical projects, and without the workers being… Read More »
The Challenges of Proving Pay Discrimination in Florida
Across the board, studies show women are frequently paid less than men for performing the same job. While the Equal Pay Act and Title VII of the Civil Rights Act are designed to prohibit such discrimination, pay disparity remains a problem for many Florida women, in part because the laws themselves include a number… Read More »
Can Salaried Employees Still Get Overtime Pay in Florida?
Some Florida employers assume that if they put an employee “on salary,” as opposed to an hourly wage, that means they do not have to pay any overtime. This is a common misconception of the law. While many salaried employees might fall into a status of exempt from the Fair Labor Standards Act’s (FLSA)… Read More »
Misclassified as Exempt: Unpaid Wages for Employees Wrongfully Classified as Exempt Employees under the Law
The Fair Labor Standards Act (FLSA) establishes nationwide minimum wage and overtime rules for employers. In general, an employee is entitled to be paid at least the minimum wage and receive overtime pay if he or she works more than 40 hours in a given pay period. But the FLSA also classifies certain employees… Read More »