Author Archives: Jay Butchko

Using Artificial Intelligence In Hiring And Firing Decisions
We live in an age where artificial intelligence can write news articles, emulate voices, write blog posts, and create photos and artwork. But it is also largely becoming an age where artificial intelligence can make hiring decisions as well. And while plugging some data into a computer and using the AI to generate hiring… Read More »

A Look At How Presidents Have Shaped Employee Rights Laws
As Presidents Day comes and goes, it may be a good time to look at some former Presidents and see what their contributions were to employment law, and the rights and civil liberties of workers everywhere. You may be surprised at the post – World War II Presidents responsible for some of the most… Read More »

Can Your Employer Discriminate Against You For Having PTSD?
As anybody who has or who has had post traumatic stress disorder (PTSD) knows, the symptoms of PTSD can change over time, can get better or worse, and are often unpredictable. The symptoms can be mild and can be severe, and many people who suffer from PTSD didn’t even know what events may trigger… Read More »

Can Your Employer Require You Stay On Site During Your Breaks?
The Fair Labor Standards Act (FLSA) requires that employers pay you for the hours that you work, and that if your work hours every week exceed 40 hours, that you be paid overtime. Many times, employers fail to pay overtime, because they miscalculate the number of hours that an employee has worked. This often… Read More »

For Applicants With Criminal Convictions, Relief May Be On The Way
One thing that many employees are concerned about when applying for jobs, is the background check. Many employees may have criminal histories that are minor, nonviolent, or which are in the distant past, and they understandably have concerns about an employer pulling a criminal background check, seeing the prior convictions, and denying them employment…. Read More »

Important Laws About Tipped Employees
We all know that there is a minimum wage and pursuant to Federal and California law, failure to pay an employee the minimum wage, can allow the unpaid or underpaid employee to sue for sometimes significant damages. In fact, California even makes it a crime to withhold certain income that is owed to employees…. Read More »

Can A Non-Compete Agreement Be Enforced Against You?
Non-compete agreements are highly controversial agreements, in that they can severely restrict your ability to earn a living for yourself when you leave your current place of employment. Still, many employers will put one in front of you, expecting you to sign them, as a condition of employment. But can they do that, and… Read More »

Can You Be Punished At Work For Your Political Views?
When it comes to politics, some of us are more active, outgoing or vocal, than others. You may want to express your political viewpoints at work, whether verbally, or by displaying political figures, posters, or memorabilia, at your place of work. You may even engage in political activities outside of work. But can you… Read More »

BFOQ: When Discrimination May Be Allowed
Federal law protects workers from discrimination in the workplace and in hiring and firing decisions, whether it is on the basis of age disability, handicap, gender or any other of a number of characteristics or demographics. But there are times when an employer can legally discriminate against you. That’s when discrimination is necessary for… Read More »

Understanding The Different Types Of Sexual Harassment In The Workplace
When it comes to sexual assault in the workplace, many of us believe that we know what it is, and that we will be able to identify it when we see it. But do you know the difference between sexual harassment, assault and sexual abuse or battery? Many people don’t understand the differences, or… Read More »