Author Archives: Jay Butchko
Congress Passes Legislation To Restrict Use Of Employer Arbitration Agreements In Sexual Harassment And Sexual Assault Cases
On February 10, the United States Senate passed H.R. 4445, a bill passed just three days earlier by the House of Representatives, which is designed to “end forced arbitration of sexual assault and sexual harassment” claims in the workplace. This legislation, President Joe Biden signed into law March 2022, have a significant impact on… 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 »
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 »
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 »
Congress Passes Legislation To Restrict Use Of Employer Arbitration Agreements In Sexual Harassment And Sexual Assault Cases
On February 10, the United States Senate passed H.R. 4445, a bill passed just three days earlier by the House of Representatives, which is designed to “end forced arbitration of sexual assault and sexual harassment” claims in the workplace. This legislation, which President Joe Biden is expected to sign into law as of this… Read More »
Does Federal Law Preempt PAGA Lawsuits?
In California, Private Attorneys General Act (PAGA) lawsuits provide an important supplemental role to the state’s ability to enforce its Labor Code. Individual employees impacted by an employer’s wage and hour violations can take direct legal action on behalf of the state thru a PAGA lawsuit. And as one California appeals court recently observed,… Read More »
Frequently Asked Questions About California Employee PAGA Lawsuits
The California Private Attorneys General Act (PAGA) makes it possible for current and former employees to sue an employer who has violated certain state labor laws. Anyone who wishes to bring a PAGA lawsuit must follow certain procedures. Below are some common questions we hear about PAGA lawsuits. What Is a PAGA Lawsuit? A… Read More »
California Employers Could Face Jail Time For “Wage Theft”
Among the flurry of recently adopted California state employment legislation was Assembly Bill (AB) 1003, that added a new section to the state’s Penal Code dealing with “wage theft” by employers. Under AB 1003, which Gov. Gavin Newsom signed into law on September 27, an employer accused of intentionally depriving an employee of wages… Read More »
Can An Arbitration Agreement Prevent Me From Bringing A PAGA Lawsuit Against My Employer?
Employers often ask employees to sign arbitration agreements that contain broad provisions restricting the employees’ ability to sue the employer in court. Federal law makes it possible for employers to enforce these arbitration agreements, but state law can still restrict their scope. For example, the California Private Attorneys General Act (PAGA) allows a current… Read More »