Author Archives: Jay Butchko
Can You be Fired For Using Medical Marijuana At Work?
In 1996, California led the nation by becoming the very first state to make medical marijuana usage legal. But don’t be fooled–that doesn’t mean that an employee has a legal right to use marijuana in the workplace, if the employer otherwise forbids its usage. Marijuana is Still Illegal This is because of the interplay… Read More »
Things You Didn’t Know About How The ADA Protects Your Employment
Many people are aware that the Americans With Disabilities Act (ADA) protects you from being fired, or from suffering any adverse consequences at work, because of a disability, illness or disease. But what many people don’t know is how broad or how many different things the ADA protects. Here are things that most employees… Read More »
Why Do Employers Like Arbitration So Much?
In more and more employment agreements you are seeing what are known as arbitration clauses. These clauses are not unique to employment law; everything from injury cases to business lawsuits to consumer lawsuits often involves the use of arbitration. But what is it about arbitration that big companies, and particularly any kind of employer,… Read More »
Who Does The FMLA And California FMLA Cover?
The Family Medical Leave Act (FMLA) and California’s version of the law is a powerful law that requires that employees be given time off to care for sick loved ones. It is so unique, because you, as the worker, do not have to be sick or ill at all—you only need to have a… Read More »
Is Fibromyalgia Covered Or Protected Under The ADA?
The Americans With Disabilities Act (ADA) requires that employers make accommodations for employees who have certain kinds of illnesses, diseases or disabilities. One illness that an employee may end up with is what is known as Fibromyalgia. Does an employer have to make accommodations for you if you suffer from Fibromyalgia? What is Fibromyalgia?… Read More »
California Expands Pay Transparency Requirements
Beginning January 1, 2023, employers in California will be subject to several new requirements aimed at promoting California pay equity, as follows: Employers with 15 or more employees (located anywhere) will be required to post the pay scale for an open position in their job postings. Pay scale is defined as the salary or… Read More »
Vaccination Requirements And Your Religious Freedom
The requirement to be vaccinated–or the ability of an employer to require you to be vaccinated–certainly varies from state to state, but most states have vaccine exemptions for religious beliefs. This is to avoid conflict with the 1st amendment right to freedom of religion, as well as to avoid discrimination based on federal and… Read More »
Does Your Employer Have To Accommodate You If You Have Fibromyalgia?
Fibromyalgia is a disease or condition that is not often understood, especially by employers. If you have been diagnosed with fibromyalgia, you may need accommodations at your workplace. Does your employer have to prove those accommodations to you? What is Fibromyalgia? Fibromyalgia is often a condition that is diagnosed when someone has symptoms, but… Read More »
Pretext Is A Common Defense In Employment Discrimination Cases
Imagine that you are a female employee in an office. The other employees often make jokes that degrade women, or tease women. They often tease you about your abilities, based on your being a woman. One employee asked you on a date a few weeks ago; you rejected him, and now there seems to… Read More »
Your Employer May Have To Pay You For Break Times
The Fair Labor Standards Act (FLSA) is a law that requires that employers pay workers for hours that they work, and that the employers pay overtime for hours worked that exceed 40 hours a week. The FLSA doesn’t apply to everyone, but if it covers you (or did so in a previous job), there… Read More »
