Author Archives: Jay Butchko
What Employers Should Know About Retaliation
It is important for employers in California to understand how retaliation is defined under state and federal law, and the ways in which certain types of actions could constitute unlawful retaliation. Laws Prohibiting Retaliation at California Workplaces Many different state and federal laws prohibit retaliation in the workplace against employees who engage in protected… Read More »
How Failing To Provide Proper Wage Statements Can Prove Costly To Your California Business
If you run a California business with nonexempt employees–i.e., workers who are subject to minimum wage and overtime laws–you need to keep detailed time records of any and all hours worked and applicable pay rates. Each employee must receive a wage statement (pay stub) explaining for each pay period, explaining how that employee’s pay… Read More »
Is Your Employer Liable For Injuries You Sustain At An Off-Site Work Meeting?
During the COVID-19 pandemic, many of us have shifted to working from home either part- or full-time. This does, however, raise an interesting legal question. Under California law, an employer has an “affirmative duty” to provide employees with a safe workplace. But does that duty extend to employees working out of their home or… Read More »
Do California Employers Have To Pay Employees For Time Spent In COVID-19 Screenings?
The ongoing response to the COVID-19 pandemic has led–or in many cases compelled–California employers to adopt new protocols to help keep their employees and workplaces safe. For example, many employers now conduct mandatory health screenings for COVID-19 symptoms–asking basic questions, taking temperatures–before an employee is allowed to start working for the day. But this… Read More »
Can My Employer Force Me To Sign An Arbitration Agreement Without Reading It First?
Employers will often present arbitration agreements to newly hired employees. Sometimes this comes as a separate agreement. Other times it is a page of terms included in a longer document like an employee handbook. Generally, if an employee signs an arbitration agreement of any sort, they are legally bound by its terms. This may… Read More »
If I Am Fired, Does The Employer Have To Pay My Final Wages Right Away?
Under California law, when an employer “discharges” an employee, any earned and unpaid wages are due immediately. In other words, if you are fired, or your job assignment has ended, your employer must pay you right away. If the employer “willfully” fails to comply with the law, you have the right to sue, and… Read More »
What California Employers Need To Know About CFRA Leave In 2022
The California Family Rights Act (CFRA) is a state law that entitles most California employees to take up to 12 weeks of family or medical leave. In 2021, a revised CFRA took effect, expanding the law’s coverage to businesses with as few as five employees. These amendments also abolished a prior requirement that an… Read More »
What Happens When Federal And State Employment Laws Contradict One Another?
California employers often face a complex and conflicting web of mandates from federal, state, and local governments. In many cases, there may be dueling regulations imposing different requirements. This can make it difficult for even the most honest employer to comply with the law in good faith. Trucking Company Off the Hook for Alleged… Read More »
Are Employers Liable For A Customer’s Sexual Harassment Of An Employee?
Federal and state labor laws protect employees from sexual harassment in the workplace. Sexual harassment is often associated with unwelcome sexual advances from managers or co-workers. But an employer may also be liable for failing to take appropriate corrective action when a third party–such as customer–sexually harasses employees who report such conduct. Las Vegas… Read More »
How California Law Protects “Whistleblower” Employees
Employees should never be placed in a position where they have to break the law or engage in fraudulent or unethical behavior just to keep their jobs. For this reason, California law provides strong protections for employees who act as “whistleblowers” to expose such corporate malfeasance. Among other things, this means a worker who… Read More »