Author Archives: Jay Butchko
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 »
Senate Bill 973: California Employees Need To Submit Their First Annual Pay Data Reports by March 31, 2021
To reduce California’s pay gap, Governor Gavin Newsom signed Senate Bill 973 on September 30, 2020 that gives the California Department of Fair Employment and Housing (DFEH) the authority to obtain annual pay data reports from employers. As discussed in this blog, covered employers need to submit their first reports by March 31, 2021,… Read More »
California Banned Most Mandatory Arbitration Agreements for Employees—But Litigation is Still Ongoing
In October of 2019, California Governor Gavin Newsom signed Assembly Bill 51 (AB 51) into law. As drafted, AB 51 prohibits employers from requiring job applicants and/or employees to sign mandatory arbitration agreements to resolve claims arising under the California Fair Employment and Housing Act (FEHA) or the state’s labor code. In effect, AB… Read More »
Employees: Forced to Quit to Protect Your Workplace? You May Have a “Wrongful Constructive Termination” Claim Under California Law.
In employment law, we use the term “constructive termination” or “constructive discharge” to refer to a situation where an employee is essentially forced to quit due to intolerable working conditions. If these same conditions would support legal action against the employer if the employee had been fired outright, the term is often known as… Read More »