Author Archives: Jay Butchko
What are the Most Common Types of Reasonable Accommodations for Disabled Employees?
The Americans With Disabilities Act (ADA) is a federal law that applies to employers in Florida with 15 or more employees. The ADA requires covered employers to make a good faith effort to find an effective reasonable accommodation for disabled workers who are qualified for a position. A reasonable accommodation is any adjustment to… Read More »
Proposed Florida Law Would Make it Easier to Enforce Non-Compete Agreements
On April 28th, 2025, Bloomberg Law News reported that a new Florida law will make it easier for businesses and organizations in the state to enforce non-compete agreements. The legislation—HB 1219—stands out against a national trend restricting the use of non-compete agreements. The bill was signed by Governor Ron DeSantis on April 29th. In… Read More »
DOL Releases Updated Enforcement Guidance for Independent Contractor Classification
On May 1st, 2025, the Department of Labor (DOL) announced updated federal guidance for the classification of independent contractors. The agency will not enforce a 2024 regulation promulgated under the Biden Administration that sought to tighten the restrictions on the use of independent contractors. Notably, that proposed 2024 regulation is still the subject of… Read More »
Federal Court Vacates Part of Biden-ERA EEOC Workplace Harassment Guidance
On May 20th, 2025, the Equal Employment Opportunity Commission (EEOC) confirmed that a federal court has vacated a significant portion of the Biden-era workplace harassment guidelines. A court in Texas determined that the EEOC’s expansion of the definition of the term “sex” was in violation of the law. In this article, you will find… Read More »
DOL Recovers Nearly $600,000 on Behalf of Dozens of Construction Workers Who Were Denied Overtime Pay in Florida
On May 27th, 2025, the Department of Labor (DOL) announced the recovery of nearly $600,000 on behalf of dozens of construction workers in Florida. The workers in question were reportedly denied the full and fair overtime pay that they were entitled to under the Fair Labor Standards Act (FLSA). In this article, you will… Read More »
Salvation Army in Central Florida Cited for Workplace Safety Violations After Fatal Accident
On May 30th, 2025, the Occupational Safety and Health Administration (OSHA) announced enforcement action against a Central Florida branch of the Salvation Army. OSHA cited the employer for serious workplace safety violations that contributed to an employee’s fatal fall accident. In this article, you will find an overview of the enforcement action taken by… Read More »
Florida Employer Will Pay $20,000 in Pregnancy Discrimination Lawsuit
On April 3rd, 2025, the Equal Employment Opportunity Commission (EEOC) confirmed that an employer in Florida—Amelia Springs Assisted Living—will pay $20,000 in damages to resolve a pregnancy discrimination lawsuit. In this article, you will find an overview of the key things to know about the pregnancy discrimination case. Workplace Pregnancy Discrimination Case in Florida… Read More »
One Year Later, FTC Non-Compete Ban May Be Pulled
In April of 2024, the Federal Trade Commission (FTC) announced a proposed rule that would prohibit most non-compete agreements nationwide. Soon after, several different lawsuits were filed to stop the federal regulation from taking effect. By August of 2024, a federal judge in Texas put a long-term injunction in place. Now, nearly one year… Read More »
What Does it Mean if an Employment Law Handbook includes an “At-Will” Disclaimer in Florida?
Our state operates under an at-will employment standard. The Florida Bar explains that “at-will employment” presumes that the relationship between an employer and an employee is fully voluntary—unless there is a contract stating otherwise. Many employers will include a provision called an at-will employment disclaimer in their handbook. In this article, you will find… Read More »
Report: Teacher’s Certification Being Reviewed for Using Student’s Preferred Pronouns
On April 15th, 2025, K-12 Dive reported that a Florida teacher’s certification is under review after she used the preferred pronouns of a high school student. Beyond that, her contract with the school was not renewed. K-12 Dive notes that it is the first widely-known case of a teacher in the state facing adverse… Read More »