Author Archives: Jay Butchko
Are You Being Shortchanged on Your Meal and Rest Breaks?
If you clock eight hours a day at a job in San Jose, do you know exactly when you’re supposed to get a break, and what happens if you don’t? Many California workers assume that a missed lunch or a skipped ten minute breather is just part of a busy day. In reality, California… Read More »
When Does Workplace Bullying Cross the Line Into Illegal Conduct in California?
Have you ever wondered whether the tension you feel walking into a meeting each day is simply an unpleasant work culture, or something the law actually addresses? Many employees endure belittling comments, exclusion from projects, or a supervisor who seems to single them out, without ever asking whether that treatment could be unlawful. Our… Read More »
Constructive Termination: Did You Quit or Were You Fired?
Most California employers know that they cannot fire you on the basis of race or religion or pregnancy or age, nor can they fire you in order to “get back at you” (retaliate against you) for doing something that you had a right to do. So, many employers who want to get rid of… Read More »
Getting Emotional Damages in Discrimination and Harassment Cases
When something bad happens to you at work–say, you are fired, or demoted, or deprived of benefits, or not selected to work on a great project–and you sense that this is because of illegal harassment or discrimination, there can be two types of damages that a worker can recover. One type of damage is… Read More »
Are Allergies a Protected Disability at Work?
It often happens–a sneeze, or a cough, but you’re not sick: you have allergies. For some of us our allergies are sporadic, seasonal or come and go. But for others, allergies can be very serious, and ongoing. If you need accommodations at work can you get them for serious allergies? Defining and Protecting Disabilities… Read More »
Less Obvious and Overlooked Adverse Employment Actions
In any employment discrimination case, there are really two questions: was there some form of harassment or discrimination or retaliation, and if so, what was the consequence–meaning, what “bad thing” happened to the employee, that indicated that he or he was punished in some way, because of his or her actions race, gender, religion,… Read More »
Are Stock, or Stock Options, Considered the Same as Salary or Wages?
Stock options can be a better, more profitable payment than salary in the long term than simple wages. Many people retire as millionaires, after working at the same company for many years, and accumulating stock options over that time period. But when it comes to wages, and the laws that affect wages, are stock… Read More »
What Disabilities or Conditions Are Not Protected Under the ADA?
The Americans With Disabilities Act is a broad law that provides a vast number of protections for ill and disabled workers. But the ADA doesn’t protect every single ailment, illness, or injury. The ADA says that if you have a disability, your employer must provide accommodations for you at work. A disability is defined… Read More »
Understanding FLSA White Collar Exemptions
The Fair Labor Standards Act (FLSA) has strict rules about minimum wage, counting your work hours, getting paid for the hours that you work, and about when you get paid overtime. These laws are powerful, and workers can sue for significant damages if they aren’t paid as they are supposed to be. But the… Read More »
What Happens When You’re Fired for Both a Legal–and an Illegal–Reason?
In life, rarely do people make decisions based on one factor alone. The same is true, with decisions to fire or otherwise take adverse employment actions against employees. Legal and Non-Legal Reasons There are often times when an employee is a member of a protected class and have experienced some form of illegal discrimination… Read More »
