Author Archives: Jay Butchko
Asphalt Company in Florida Will Pay $1.25 Million for Race Discrimination
On August 28th, 2024, the Equal Employment Opportunity Commission (EEOC) reported that Asphalt Paving Systems, Inc. (APS)—a contractor with offices in several states, including Florida—has agreed to settle a racial discrimination lawsuit for approximately $1.25 million. Notably, the discriminatory conduct occurred at the company’s Tampa Bay location. Black Employees Were Subject to Degrading, Humiliating… Read More »
Report: Wage Theft a Serious Problem in Florida
According to a report from Orlando Weekly, wage theft remains a very serious problem in Florida and throughout the United States. The Farmworker Association of Florida—a workers’ advocacy group—states that they are receiving an increasing number of calls from employees who claim that they have not been properly paid. What is Wage Theft? As… Read More »
High-Ranking Law Enforcement Official in Florida Alleges Wrongful Termination (Whistleblower Retaliation)
On June 20th, 2024, ABC News reported that Shane Desguin—a career employee at the Florida Department of Law Enforcement (FDLE) and former top-ranking official—has filed a wrongful termination lawsuit on the grounds of whistleblower retaliation. He contends that he was forced to retire from the agency after reporting a litany of violations, including related… Read More »
Your Guide to Associational Discrimination Claims Under the ADA
The Americans With Disabilities Act (ADA) is a federal law that provides employment-based protections to disabled workers. Notably, the ADA also prohibits “associational discrimination.” It is unlawful for covered employers to discriminate against an employee because of his or her actual or perceived relationship with a disabled person. In this article, you will find… Read More »
Supreme Court Overruled Chevron Deference—What it Could Mean for Employment Law
On June 28th, 2024, the Supreme Court of the United States issued a major ruling that overturned the four-decade old Chevron Doctrine. In the case of Loper Bright Enterprises v. Raimondo, the nation’s highest court, eliminated the Chevron Deference. The decision is expected to have significant implications for many areas of administrative laws, including… Read More »
Navigating the Federal Trade Commission’s Proposed Non-Compete Clause Rule: What Florida Employers and Employees Need to Know
The Federal Trade Commission (FTC) has recently taken significant steps toward banning non-compete clauses nationwide, a move that could drastically alter the landscape of employment law, particularly here in Florida. If implemented, the FTC’s proposed rule would prohibit employers from using non-compete agreements with employees, which could impact millions of workers and businesses across… Read More »
DOL Announces Proposed Workplace Heat Protection Regulations for Indoor and Outdoor Workers
On July 2nd, 2024, the Department of Labor (DOL) announced that the Biden Administration is proposing new workplace heat safety regulations. Notably, the rules would apply to both indoor workers and outdoor workers. The regulatory efforts come after some high profile workplace heat injury/illness cases. In this article, you will find a comprehensive overview… Read More »
Federal Court in Texas Temporarily Enjoins FTC’s Non-Compete Ban
Earlier this year, the Federal Trade Commission (FTC) issued a final regulation barring virtually employer-employee non-compete agreements nationwide. That rule was initially set to take effect in September of 2024. A delay is looking more and more likely. According to a report from the American Bar Association (ABA), a federal court in Texas has… Read More »
Understanding Severance Negotiations: What is a Release of Claims?
Are you an employee in Florida who is preparing to leave a job position or who recently left a job position? The transition can be hard—even if you are ready to move on to a new professional challenge. A severance package can help to reduce the financial strain. Before you agree to accept severance,… Read More »
How Do You Prove Wrongful Termination?
A wrongful termination is the dismissal of an employee in violation of their employment contract or the law. It could be due to discrimination, retaliation, or failure to follow the correct disciplinary or termination procedures. It is an unlawful act that gives rise to an employment law claim. Here, you will find an overview… Read More »