Author Archives: Jay Butchko
Negotiating Severance Agreements: Tips for Florida Employees
While Florida law does not require employers to offer employees any particular severance pay upon termination of the employment relationship, many employers offer severance or separation pay anyways, typically in exchange for a release of potential legal claims that the employee may have, or to enforce a non-compete agreement. Severance may also be part… Read More »
Are Unpaid “Volunteers” Protected Under Employment Discrimination Laws?
With sexual harassment continuing to draw national attention in the wake of the #MeToo movement, it is important more now than ever that employers are cognizant of their responsibilities to their employees under the law – including volunteers. Title VII of the federal Civil Rights Act of 1964 and the Florida Civil Rights Act… Read More »
Can a Florida Employer Ban Employees From Discussing Their Pay With Each Other?
Pay discrimination on the basis of sex violates an employee’s rights to equal treatment in the workplace. But, how is someone even to know that they are getting paid less than their counterparts? Oftentimes, employees are unaware they may be the victims of pay discrimination simply because they do not know how much their… Read More »
Preventing Sexual Harassment in the Workplace: Tips for Employers, Business Owners, and Managers
Now more than ever, if you run a workplace in Florida, it is important to take steps to prevent sexual harassment. Indeed, employers are responsible for providing their employees with a work environment that does not discriminate and is free of harassment. An employer’s allegation that they were not aware of the harassment may… Read More »
“But That is Ours!” Protecting Trade Secrets: Important Tools for Employers
So, you’re an employer in Florida and you’ve got a trade secret you want to protect – what are you doing about it? For any employer operating in Florida, , it is important to think about workplace policies designed to protect trade secrets while employees are working for you, as well as policies designed… Read More »
Marijuana as an Accommodation in the Workplace: Clearing the Haze
So, you’re a Florida resident and you’ve got a medical marijuana card for your medical condition. Think you’re cool to light up for that medical condition with no repercussions at work? Tread carefully… For any Florida employee with a medical marijuana card, it is important to understand how marijuana use is treated in our… Read More »
Defend Trade Secrets Act—What Employers Need to Know
In 2016, the Defend Trade Secrets Act (DTSA) became new law that created a federal cause of action for trade secret misappropriation. Prior to this law taking effect, employers or owners of trade secrets who were dealing with trade secret misappropriation were left primarily with remedies in state courts. While the DTSA does not… Read More »
Eleventh Circuit Reinforces Convincing Mosaic Standard in Gender and Race Discrimination Cases
The case of Lewis v. Union City, Georgia, No. 15-11362 (11th Cir. December 15, 2017) involved perception of disability and the convincing mosaic standard for her race and gender claims. Jacqueline Lewis is an African American police detective who was terminated from her position after ten (10) years of service based on the allegation… Read More »
Using the Employer’s Computer System at Work: What is Allowed and What is Illegal (the Computer Abuse and Data Recovery Act)?
If you have a job in Florida in which you regularly have access to your employer’s computer system, or if your job requires you to be on the computer as part of your job duties, you probably wonder with some frequency: what is allowed and what is illegal when it comes to using the… Read More »
What Are Legitimate Business Interests and What Does that Have to Do with My Florida Non-Compete Agreement?
If you’re like many employees working in Florida, you may have signed a non-compete agreement at some time during your employment. Commonly, employees are asked to sign a non-compete as part of their offer of employment letter. Even sometimes, the non-compete agreement is contained within the Employee Handbook and part of what you sign… Read More »