Author Archives: Jay Butchko
Protections For Employees Struggling With Addiction
Many different federal and state laws protect individuals from discrimination in the workplace based on a variety of factors. Specifically, the American Disabilities Act (ADA) and the Florida Civil Rights Act prohibit employment discrimination against anyone based on an actual or assumed physical or mental disability. This means that if a person can perform… Read More »
A Look At Gender Equality In The Workplace
March is Women’s History Month in the United States–a time to recognize great accomplishments of women, many of which take place in the workplace. The rights and protection for women in the workplace have increased substantially over the past decades with anti-discrimination measures and other laws enacted on both the federal and state levels…. Read More »
Can Workplace Wellness Go Too Far?
In recent years, much focus in many workplaces has been on employee wellness. While wellness programs may be construed to be out of concern for the health and well-being of employees, the increasing focus largely stems from the rising costs of healthcare. Employers attempt to curb the costs they pay for employee health insurance… Read More »
Do You Have Joint Employers?
As many business models and employment arrangements become more flexible to suit both the needs of owners and employees, chances may increase of wage or overtime violations. Recently, the U.S. Department of Labor (DOL) issued a memorandum specifically addressing “joint employment” arrangements in the wage and hour context in an attempt to increase protections… Read More »
EEOC: Discrimination Based On Sexual Orientation Is A Form Of Sex Discrimination
Though the Florida Legislature has not yet passed a state law protecting individuals from employment discrimination based on sexual orientation or gender identity, a recent case out of Florida shows that employers may be prohibited from such discrimination under federal law. Though Title VII of the Civil Rights Act of 1964 does not expressly… Read More »
Discrimination Can Occur Against Majority Groups
When most people think of racial discrimination in the workplace, they tend to think of discrimination against minority groups. In addition, when you think of discrimination based on gender, you likely first think about discrimination against women. However, while the two above examples may occur more often, it is important to remember that employment… Read More »
Court Upholds Wrongful Termination Finding of Two Employees
Florida law recognizes “at-will” employment, which means that an employer can terminate an employee without a good reason at any time unless there was an employment contract signed. However, employers cannot terminate an employee for reasons that violate public policy or due to unlawful discrimination or retaliation. The Court of Appeals for the 11th… Read More »
Convenience Store Clerk Recovers $14,000 in Overtime
A convenience store clerk who worked six days per week, 9 hours each shift, successfully recovered $14,000 in unpaid overtime. The owner of the convenience store paid the clerk only straight time for all hours worked. In addition, the owner paid the clerk in cash and claimed that there were no time records. Employers… Read More »
What Constitutes Unlawful Workplace Harassment?
Many workplaces involve many different kinds of people spending a significant amount of time in close proximity to one another. Some individuals will likely have conflicting points of view, may snap at one another, or may look down on certain employees for a variety of factors. For this reason, it is only to be… Read More »
Retaliation For Whistleblowing In Florida
In addition to the law protecting certain employees from unlawful discrimination and harassment, employees deemed to be “whistleblowers” are protected from retaliation by their employer. A whistleblower is someone who discloses information regarding unlawful, dishonest, harmful, or otherwise wrong activity by someone within their employment organization. Protecting whistleblowers is critical to ensure that individuals… Read More »
Robert S. Norell, Esq. became a member of the Florida Bar in 1994 and has represented hundreds of clients in all types of employment law cases for the past 20+ years.