Author Archives: Jay Butchko
My Employer Makes Me Work Through Lunch Breaks or Automatically Deducts Lunch Breaks from My Paycheck: Is This Legal? (Unpaid Wages Under Florida Law)
While Florida is not a state that requires an employer to give employees rest or meal breaks, employees can still be wrongfully unpaid for a rest or meal break if they are given one. Commonly in Florida, employees are given lunch “breaks” – only to be told that they need to still answer the… Read More »
Are you Misclassified as an Independent Contractor? Understanding Worker Classification in Florida
In the age of the gig economy (freelance work), it can be more difficult for workers to know if they should be classified as an “employee” or as an “independent contractor.” This is far more than a semantic difference — employees have certain rights under federal and state labor laws that independent contractors do… Read More »
What Constitutes “Interfering” with an Employee’s Right to Medical Leave?
Florida employers should exercise great care when drafting employee handbooks and training managers to respect the legal rights of workers. This includes a wide range of federal and state civil rights laws, such as the Family and Medical Leave Act (FMLA). This law affords employees the right to take a certain amount of unpaid… Read More »
Unpaid Overtime: When Are You Entitled to Get Overtime Pay at Your Florida Job?
Overtime can be tricky. Do you get overtime based on how many hours you work in a week or in a day? What if you work hours off the clock? Commonly, the confusion stems as overtime laws can vary from state to state and like any attorney may tell you when you ask about… Read More »
Complaints in the Workplace: When Should an Employer Conduct a Workplace Investigation?
If you are an employer who has received a complaint from an employee, you likely have an obligation under the law to conduct a prompt and thorough investigation of claims of these claims as soon as possible. In this article, we use the term “employer” to mean Human Resources or senior management. For example,… Read More »
How FMLA May Affect “No-Fault” Attendance Policies
Dealing with absenteeism is a major challenge for any employer – causing financial losses and slowdowns. Some business have tried to combat these concerns by instituting “no-fault” attendance policies. In its basic form, such policies assign workers “points” for unexcused absences. When an employee reaches a certain threshold number of points, the employer will… Read More »
Traveling Abroad for Work: Do U.S. Laws Apply to Employees Working Abroad?
Florida is a major hub for international business and it is not uncommon for many U.S. citizen employees to be working outside of the country for a U.S. controlled employer. This includes employees working for foreign subsidiaries controlled by a U.S. Employer. The good news is that most major U.S. anti-discrimination laws still protect… Read More »
EEOC Challenges “Inflexible” Leave Policies
It is advisable for any employer to have written policies governing employee leave and attendance. But, not just any policy will do. In drafting these policies, it is imperative to ensure that they are written to comply with a host of applicable federal, state, and local laws. Employers must be especially cautious before adopting… Read More »
Nine Considerations Before Accepting a Job Abroad
There are many reasons why a U.S. resident might choose to work outside the United States. For some, there is the thrill of learning about life in a foreign country. For others, it may simply be a matter of economic necessity. Whatever your motivations, however, if you are thinking about accepting employment outside of… Read More »
Telecommute to Work: When It’s a Reasonable Accommodation for Your Medical Condition
Working from home has become a popular option for many employees and employers in recent years. Modern internet makes it easier than ever for remote workers from across the state –and even around the world–to work together despite their physical separation. That said, there are still many traditional employers who do not allow telecommuting…. Read More »