Author Archives: Jay Butchko
In California, Wage Theft is Now a Felony
When we talk about not getting paid for work, we usually talk about violations of the Fair Labor Standards Act (FLSA), and situations where an employer unknowingly miscalculates hours, or takes tips from employees or other things are illegal, Wage Theft When a worker isn’t paid what he or she is due, it is… Read More »
Proposition 22: Do Workers Win?
The fight in California as to whether gig workers will be legally considered independent contractors or actual employees, progresses, as the California Supreme Court hears arguments as the Proposition 22 case. How It Started The entire debate started when the State of California instructed gig employers, companies like Uber, Lyft, DoorDash, and similar companies,… Read More »
Working Off the Clock? You Should Still be Paid for Your Time
The Fair Labor Standards Act says that all employees must be paid at least minimum wage, and time and half for any hours worked over 40 hours a week. This seems straightforward enough. But many employees don’t realize that they are actually working as far as the FLSA is concerned, even at times when… Read More »
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 »
