Author Archives: Jay Butchko
Are English Only And No-Accent Policies At Work Allowed?
You probably know that if an employer were to discriminate against you on the basis of your race, ethnic background or nationality, that would be illegal, and that you would have a right to file a lawsuit against that employer. But what about language? Some employers discriminate on the basis of language. Yes, they… Read More »
Understanding California’s Whistleblowing Laws And Protections
When it comes to crimes, cheating, fraud, or wrongdoing in businesses, the fact is that our government simply does not have the manpower or the resources to police everyone, all the time. The US or California State government can’t sit inside your boss’ office and monitor what he or she is doing. Whistleblowers are… Read More »
No More Forced Arbitration In Sexual Harassment Cases
Victims of sexual harassment in the workplace can sue, and can receive serious and significant damages for their mental and emotional suffering, as well as lost wages and other damages that stem from the abuse. Employers know this, and for a long time, to try to combat these lawsuits, employers resorted to mandatory arbitration… Read More »
Is Working From Home A Reasonable Accommodation Under The ADA?
There are a number of illnesses, disabilities, or injuries, whether physical or mental, where an employee may be able to do the work required from home, but where the disability doesn’t make it possible for the employee to work in an office. Of course, we have adapted to work-from-home since COVID-19, but is your… Read More »
Unpaid Leave And Other Rights At Work When You Have A Baby
If you are at work, you may be perfectly healthy, and not anticipating needing any time off for illness, injury or disability. But then the great news happens—you are pregnant. That is, of course, wonderful news for you, but you start to be concerned about how you will do your job while pregnant, especially… Read More »
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 »
