Author Archives: Jay Butchko
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 »
Your Employer May Have To Reimburse You If You Use Your Cell Phone For Work
Let’s say that as part of your work, your boss requires you to make calls, and some of those calls are made on your own, private cell phone. If you work remotely or in a hybrid situation, a large majority of your work related calls may be made from your personal cell phone, as… Read More »
Weight, Obesity And Size Discrimination In The Workplace
Body acceptance and body positivity have become a large part of our culture. But despite the changes in attitude and the inclusion of people of all sizes in the media and in entertainment, employment law has lagged behind when it comes to protection for those who may have larger body types than the average… Read More »
Transgender Employees And Bathroom Access At Work: The New Battleground
If you are a transgender employee, you are probably aware that the Supreme Court ruled that transgender employees get the same protections as gender in general gets; that is, the same protections that require that women be treated equally in the workplace also require that an employer not discriminate against you based on your… Read More »
