Author Archives: Jay Butchko
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 »
Can An Employer Run Your Credit Or Check Your Credit Report?
If you’re applying for a job, you may find that a prospective employer wants to run a credit check on you. But can they do that legally? What does the law say about whether and when an employer can run a credit check on you? Your Credit Can be Checked-Sometimes An employer can, legally,… Read More »
Pinterest Faces Discrimination Allegations
Pinterest’s Board of Directors has come under fire lately due to ongoing allegations of discrimination against women and people of color. In response, they have pledged $50 million to overhaul their corporate culture and work to promote inclusivity as part of a settlement, it is reported. The settlement was made in response to a… Read More »
Can My Employer Read My Emails?
Email has become an accessible and pervasive aspect of our lives. On our phones, computers, and even watches, it is easy to get in the habit of checking our email anytime and anywhere. However, could checking your email at work, or getting too comfortable accessing your personal emails at work, have negative employment consequences?… Read More »
