Author Archives: Jay Butchko
Working From Home? Don’t Forget These Legal Considerations
One thing that many employees enjoyed during the COVID related shutdowns, was the ability to work remotely, from home. Although it is now over two years since the worst of COVID, many jobs are still allowing employees to work from home. But when you work from home, there are many legal issues to consider…. Read More »
Who Is-And Isn’t Protected By The FLSA?
The Fair Labor Standards Act (FLSA) is a powerful law that requires employees be paid for their time. Additionally, should those workers work more than 40 hours per week, employees must be paid the federally required overtime payment rate. The employee can sue for recovery of back owed wages, as well as penalties, if… Read More »
Discrimination That You May Not Know Is Discrimination
When employees feel that they may have been discriminated against, they often think of whether they fall into a class that needs to be protected—that is, whether being pregnant, or sick, or disabled, gives them protection. But it’s also important to think of what kind of behavior by an employer can lead to a… Read More »
What Is A Hostile Work Environment?
When we talk about harassment in the work place or discrimination, we often think of acts that are directed towards you, the employee. Someone makes a rude comment to you that is sexually or racially charged, or someone uses a slur or insult that has to do with your disability. But what if none… Read More »
Angry Employer Pays In Pennies, Then Gets In Deep Legal Trouble
Have you ever had a bill, or a fine, and been so angry that you had to pay it, that you thought about paying it all in pennies? Just back up a truck of pennies and dump it on someone’s lawn or in their office, just to be spiteful? Well, one employer, angry at… Read More »
Workplace Discrimination Based On Hairstyle, Looks Or Culture: Is It Legal?
Many of us already know that it is illegal to discriminate on the basis of race. But what is race? It may sound like a silly question, but can an employer discriminate on the basis of race, even though they are discriminating on something that is only indirectly related, or which “signals” a given… Read More »
What Is Disparate Impact Discrimination?
Sometimes, employers break the law when they specifically single out an employee or a class of employees and discriminate against them. But other times, an employer can break the law when it discriminates by instituting a policy that excludes or discriminates against someone unintentionally. What is Disparate Impact? This is called disparate impact. Disparate… Read More »
What Is A Tip? That Question Matters For FLSA Purposes
The Fair Labor Standards Act (FLSA) sets requirements on what the minimum wage is that must be paid to employees, as well as dictating how much employees must be paid when they work overtime. However, the law also recognizes that tipped employees are different. Employers, the law rationalizes, shouldn’t have to pay as much… Read More »
Is Your Employee Manual Or Handbook An Enforceable Contract?
California is an at-will employment state, which means that employees can be fired for any reason, so long as the firing doesn’t violate any other state or federal laws, and so long as there isn’t an employment contract. Knowing this, and to take advantage of at-will employment, many employers don’t give employees employment contracts,… Read More »
Discrimination On The Basis Of HIV In The Workplace Is Illegal
When we think of discrimination in the workplace, we often think of discrimination on the basis of race or gender. However, there is another type of discrimination: Discrimination on the basis of people who may have HIV. Although nowadays, HIV can be controlled by medication, thankfully allowing those with the disease to lead long… Read More »
