Author Archives: Jay Butchko
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 »
Can I Fire An Employee For Sleeping On The Job?
In general, a California employer can fire an employee at any time, with or without a reason. There are, of course, several critical exceptions. Notably, an employer cannot fire an employee based on certain legally protected categories, including a disability. But that presumes that the employer knew the employee had a disability in the… Read More »
Can An Employer Refuse To Hire Or Promote An Employee In Favor Of “Someone Younger?”
Age discrimination is against the law. Specifically, federal and California state laws forbid an employer from firing or refusing to hire someone based on age if the employee or job applicant is at least 40 years old. For example, an employer cannot reject a job candidate simply because they “want someone younger” to fill… Read More »
When Must California “Prevailing Wage” Employees Receive Travel Time Pay?
California requires anyone employed on a “public works” project worth more than $1,000 to receive at least the “prevailing wage” for all hours worked. The Department of Industrial Relations establishes the prevailing wage that must be paid for all hours worked by a non-exempt employee in certain job classifications. Typically, the “hours worked” do… Read More »