Author Archives: Jay Butchko
Can An Aggrieved Employee Bring A PAGA Lawsuit Even If They Lack Standing To Bring An Individual Labor Code Claim?
Under California’s Private Attorneys General Act (PAGA), an “aggrieved employee” can sue a current or former employer on behalf of the state for violations of the Labor Code. In a March 2020 decision, Kim v. Reins International California, Inc.. the California Supreme Court held that employees do not lose their “standing” to bring PAGA… Read More »
What California Employers Need To Know About Personnel Files
Section 1198.5 of the California Labor Code grants current and former employees (or their representative) the right to receive and inspect a copy of their personnel record from an employer. Once an employer receives a request for a personnel file, they are obligated to provide access “at reasonable times and at reasonable intervals,” but… Read More »
EEOC Issues Revised Guidelines On Employers’ Duties Regarding LGBT Employees
The U.S. Equal Employment Opportunity Commission (EEOC) recently released revised guidance on employee protections against discrimination based on sexual orientation or gender identity. As a California-based employer, you need to be aware of how both federal and state laws apply to your business in this area. Employers need to be proactive when it comes… Read More »
Does Your Company Need To Rethink Its Data Security Policy For Remote Workers?
The COVID-19 pandemic forced many California employers to embrace remote work for their employees. Even as vaccination numbers rise and new COVID case numbers decrease, remote work may be here to stay for many of these businesses. While technology makes it easier than ever for employees to do their jobs from home or some… Read More »
Can I Rely On A Staffing Agency’s Arbitration Agreement To Protect Me In The Event Of An Employment Lawsuit?
California employers often rely on outside staffing agencies to hire and assign key workers. The worker typically signs an employment contract to be an employee of the staffing agency itself, rather than an employee of the agency’s client. The agency handles the recruits, screens, hires, and pays the workers, while the client retains the… Read More »
Understanding Your Religious Rights In The Workplace
Employees do not leave their religious beliefs behind when they enter the workplace. Indeed, federal and state laws require employers to provide a reasonable accommodation for an employee’s “sincerely held religious beliefs or practices,” unless doing so would impose an “undue hardship” on the business. It is important to note that “religion,” at least… Read More »
Your Rights As An Employee To Meal Breaks Under California Law
California law requires employers to give certain employees daily meal breaks. When a non-exempt employee works at least 5 hours in a shift, they are entitled to a meal break of at least 30 minutes, and the meal break must start before the end of the 5th hour of work. If the employee works… Read More »
What California Employers Need To Know About Hiring Independent Contractors In A Post-AB 5 World
The “gig economy” has made it easier for companies to rely more and more on independent contractors for work that used to be performed by traditional employees. However, this reliance has also created a legal backlash. At the state level, the California legislature adopted Assembly Bill (AB) 5 in 2019, which codified an earlier… Read More »
How Much Can A California Court Award In Punitive Damages For Disability Discrimination?
California law protects workers from disability-based discrimination. Under the Fair Employment and Housing Act (FEHA), an employer must provide a “reasonable accommodation” for an employee or job applicant with a disability, unless the employer can show that such accommodation would impose an “undue hardship” on their business. With the pandemic, we have seen a… Read More »