Author Archives: Jay Butchko
Judge Finds That One of Largest Agricultural Employers Violated Labor Law in Bargaining Dispute
In April, the Agricultural Labor Relations Board’s administrative law judge ruled that Gerawan—one of the largest fruit tree growers in the United States—violated labor laws by excluding workers from a collective bargaining agreement and refusing to bargain in good faith. Specifically, the company was found to have engaged in collective bargaining with the United… Read More »
Ensuring Protected Coverage under the Family Medical Leave Act
The Family Medical Leave Act (FMLA) was designed to allow employees access to protected leave—not just for the purpose of expanding your family—but also, for example, to take extended, continued leave for medical reasons or to take care of a family member. However, the law comes with requirements, and it is important to ensure… Read More »
Are Employees Struggling With Alcoholism Protected In The Workplace?
News coverage of the former Redskins general manager Scot McCloughan being fired for alcoholism has been rampant over the last month or so, calling into question whether employers can legally fire employees for conditions that can (arguably) be considered disabilities under some circumstances. McCloughan now must decide whether he wants to resort to arbitration… Read More »
New Study Highlights Deleterious Effects of Workplace Discrimination
A new study has released shocking details regarding how pervasive discrimination in the workplace is and the negative effects it has on the overall mental state of employees. Specifically, the study found that almost half of respondents indicated that discrimination occurs in their jobs regularly, and most indicated that it has long-term effects on… Read More »
“Union-Busting Bill” Passes Florida House
On March 30th, legislation attacking the rights of employees to form labor unions passed the Florida House, but at this time, fortunately is not predicted to pass the Senate. The legislation targets Florida public school teachers, state and local government employees, bus drivers, nurses, and many others. In 2016, close to 600,000 Florida citizens… Read More »
Pregnancy Discrimination Cases in the Workplace
What does pregnancy discrimination look like? Surely employers do not tell a job applicant (outright) that they aren’t being hired due to their pregnancy—or a current employee that their job is in jeopardy due to their pregnancy? Pregnancy discrimination—like many other forms of employment discrimination—doesn’t tend to rear its ugly head in such a… Read More »
Disney Agrees To Pay Close To $4 Million to Florida Employees after Overtime Violations
On March 17th, it was announced that Disney agreed to pay $3.8 million in back wages to more than 16,000 Florida employees of the Disney Vacation Club Management Corporation and Walt Disney Parks and Resorts after the U.S. Labor Department’s Wage and Hour Division found that it failed to compensate these employees for work… Read More »
Class Action Status Granted To Thousands of Detainees Forced To Work for No Pay
Recently a federal judge allowed the lawsuit filed by tens of thousands of immigrants alleging that they were forced to work in violation of federal anti-slavery laws to reach class-action status. This lawsuit—which now involves as many of 60,000 detained immigrants—marks the first class-action lawsuit accusing a U.S. prison (government contractor) of forced labor… Read More »
What Does The Law Require When It Comes To Employers Providing References & Reference Defamation Suits?
A recent controversy involving a teacher who left one school after there were allegations of misconduct—and then began working for a school system in Florida, and was accused of misconduct there—brings into question just what employee and employer rights are when it comes to policies on providing employment references and what are known as… Read More »
Jury Awards $2.5 Million after Alleged Retaliation for Reporting Sex Discrimination in the Workplace
On February 9th, a jury awarded a former university employee (Michele Coyle) $2.5 million after finding that university officials violated state law for firing her after for allegedly reporting allegations of sex discrimination against women. Specifically, after serving as chief campus counsel for six years, Coyle reported that she and other women were subjected… Read More »