Author Archives: Jay Butchko
Can an Individual Be Liable to a Worker for Wage and Hour Law Violations?
It is a general concept in American law, in any state, that when a company does something wrong, it is the company that gets sued, and pays whatever is owed—not the individual owners or managers or wrongdoers of the company. This is a primary reason that people start companies in the first place. But… Read More »
Can Credit Card Processing Fees be Deducted From Tips You Have Earned?
If you are a tipped employee, and your customers pay by credit card, look at your pay stub, or whatever other document reflects the tips you have earned as a result of customers paying by credit card. Are you getting everything that you have earned—that is, the entirety of whatever amount customers have tipped… Read More »
How to Write a Reasonable Description for a Public Records Request
The Freedom of Information Act (FOIA) allows anyone to request access to records possessed by the U.S. Government’s Executive Branch, with a few exemptions. To make a successful public records request, it is essential that you contact the agency that possesses the desired records and provide them with a reasonable description of the records… Read More »
California May Enact Captive Audience Bill in the Workplace
The California governor has not yet signed, but is expected to sign, a measure passed by the California legislature, which is designed to avoid workers being discriminated against or indoctrinated. It’s called the Employer Intimidation Act, and if passed it could provide not only protections for workers—but a private right of action, allowing workers… Read More »
Pregnancy Protections for Workers May Not Extend to Fertilization Procedures
Pregnancy, and medical conditions related to pregnancy, are protected in the workplace. That means that your employer must accommodate your medical needs related to pregnancy and cannot discriminate against you for being or becoming pregnant in any way. But the wording of the law, which falls under California’s Fair Employment and Housing Act (FEHA),… Read More »
Understanding the Same Decision Defense in Mixed Cause Employment Cases
As in other states, California allows employers who are being sued by employees to assert what is known as the same decision defense. As the name suggests, this is a defense that admits that the employer retaliated, or discriminated against the employee. However, the defense is, because of other factors, the end result—the firing… Read More »
Signs Your Employer is Using Pretext to Set You Up
Although there are many illegal reasons to fire or punish an employee, there are also plenty of perfectly legal reasons. One of those reasons is simply poor job performance, not doing what your superior says, violating company rules, or any of a number of things that common sense would tell you could get you… Read More »
Can Your Employer Make You Disclose Your Social Media Passwords?
When you apply for a job, or even when you are already working for an employer, you probably expect there will be some investigation into your background. You’d expect to provide things like criminal background checks, drug tests, or credit checks. But what if your employer or potential employer goes a step further: what… Read More »
Understanding California’s Ban the Box Laws
While it is admittedly never great to have a criminal history, the fact remains that the criminal law is an imperfect system, and people make mistakes. That shouldn’t forever mark you as unfit for employment. That concept is at the heart of California’s “ban the box” initiative, which limits how much a potential employer… Read More »
Workers Returning From Medical Leave Can End Up Being Victims of Discrimination
Under both California and federal law, employees have a right to leave from work, to attend to their own, or to family medical issues, problems, or emergencies (which also includes childbirth, and post-childbirth care). And often, employers abide by these laws, understanding that there can be penalties for violating a worker’s medical leave act… Read More »
