Author Archives: Jay Butchko
Government Passes New Rules on Noncompete Agreements and FLSA Exemptions
It’s been a busy week in the world of employment law, with the government announcing new changes to major laws that protect workers and employees. These are both changes that came through the Federal Trade Commission (FTC) and the Department of Labor (DOL), not laws passed by congress. Noncompete Agreements – Gone? One change… Read More »
What is an “Adverse Employment Action?”
There are a lot of things that employers can’t do, when it comes to discrimination. They can’t retaliate against you or discriminate on the basis of being a member of a protected class such as your gender, sexuality/sexual orientation, race/color, religion/creed, national origin/ancestry, age, disability, age (over 40), gender identity, gender expression, medical condition,… Read More »
The Basics of Workplace Retaliation
You know your rights at work. You know what you deserve to be paid, and you understand your right to be free from harassment, abuse or discrimination. And you may even know when and if it’s happening to you. And yet, you may opt to do absolutely nothing about it, for fear of your… Read More »
Wage and Hour Class Action Attorney
We Represent Employers and Employees in Class Action Wage and Hour Litigation At Costanzo Law Firm, APC, our San Jose wage and hour class action litigation lawyer is committed to protecting the rights and interests of both employers and workers. Employers should be held accountable for wage and hour violations. If you and several… Read More »
The Relationship Between At -Will Employment, and Employee Handbooks
California is an at-will employment state. That means that, absent violating federal or state discrimination laws, your employer can fire you for any reason. It does not have to be a good reason or a fair one. It can be subjective, with malice, or you can be fired “just because.” Of course, it works… Read More »
Video and Audio Recording in the Workplace: Is it Legal?
Snooping, prying, and eavesdropping are not things an employee would think should be allowable in the workplace. From an employer’s standpoint, “listening in” on employees, can be a valuable “quality control” and training tool, and even a way to make sure that employees are harassing each other or discriminating against anybody. But there is… Read More »
Harassed at Work? Make Sure You Report It
If you are the victim of harassment or discrimination at work, the central question in any lawsuit is whether your employer did anything wrong, and if so, what. But what if your employer starts pointing the finger at you? Failing to report the inappropriate conduct is a common mistake that many employees make, particularly… Read More »
Salary and Commission Requirements for Commission Based Workers
You may already know that the Fair Labor Standards Act has special rules for how much tipped employees need to be paid, and how their pay requirements differ from those employees who may receive just a straight hourly wage. But there is another category of wages, or another way some people are paid: commissions…. Read More »
Interns: When, if Ever, Do They Have to be Paid?
Internship/externships are invaluable educational opportunities; the chance for students in high school, college or graduate school to get real, hands-on experience. But for employers there seems to be a hidden benefit: free labor. But is an internship paid? Does someone who interns with a company have to be paid the same way that any… Read More »
Are Tipped Employees More Likely to be Sexually Harassed?
We’ve written in the past about the difficulties that many tipped employees have when it comes to making sure that they get paid the legally required hourly wage, as well as overtime. And about the tricks and tactics that many employers use to deprive tipped employees of what they earn or what they are… Read More »
