Author Archives: Jay Butchko
What Do You Need to Prove for a Hostile Work Environment Lawsuit?
You don’t have to be personally harassed, to be a victim of sexual harassment. That’s because of what is known as a hostile work environment claim. If your employer allows an environment to exist that is hostile towards a given gender, race, nationality, religion, or other protected class, the employer can be held liable… Read More »
Work for Hire Creations: Employees May Not Own What They Create
Many of us have jobs where we create things for employers. We make slogans, create art, design websites or paper materials, or write stories, songs or promotional materials. It may be your entire job description, or just a small part of your overall job duties. But who owns what you create for your boss?… Read More »
Can Your Employer Condition Wages on You Releasing Them From Lawsuits?
Imagine this: last week, you complained to your employer about a co-employee that was making lewd remarks to you, and who was “accidentally” touching you. You felt very uncomfortable, and reported this to your supervisor at work. You are called into a supervisor’s office and told that the matter is “taken care of,” and… Read More »
Is Your Employer Setting You Up for Pretext?
It is common practice for many employers to keep an employee file on its employees. Whenever the employee does something wrong, the employer writes that in the employee’s file, and stores it away. In many cases, when an employee is “written up,” if the infraction isn’t major, nothing actually happens—the employee isn’t fired, he… Read More »
Discrimination Based on Immigration Status is Illegal
In America, we often debate about what rights immigrants have and don’t have. People debate whether constitutional rights apply to immigrants and whether they get due process or whether they get public benefits. Whatever side of that debate you are on, one thing that employees should be aware of, is that your status in… Read More »
Sexual Harassment at Work Isn’t Always Obvious
We all know that sexual harassment is serious. But if that’s the case, why are there so many jokes about it? People at work ask mockingly, if they are “allowed” to do or say things to others, without being sued. People will often jokingly say “uh-oh, am I going to get sued now?” This… Read More »
Do Employers Have to Provide Intermittent Leave Under the ADA or FMLA?
We have written in the past that the Americans With Disabilities Act (ADA) requires that your employer provide leave from work for you, if that leave is a required accommodation under the ADA, and if you have a covered disability or illness under the ADA. Intermittent Leave Requests But what about intermittent leave? Often,… Read More »
Employees Must be Paid for ALL Their Time
When it comes to time that your employer must pay you for work, it isn’t just the time that you are working that you must be paid for. Any time where your employer controls your actions, or where you are not free to come and go, or where you are subject to direction by… Read More »
Paternity Leave: Yes, Dads Do Have Rights Too
If you are a new mother, you probably already know that there are a number of laws that allow you time off from work to recover, and to take care of, and bond with your newborn. But what about dads? Do dads get the same rights as moms do? Who Has to Comply? So… Read More »
New Changes To California Employment Laws
The new year has come and gone, as we head into mid-year, but as time has passed, you may not have noticed some changes in California employment laws. Many of these changes are for the benefit of California workers, and provide you with rights you may not have known that you even had. Emergency… Read More »
