Author Archives: Jay Butchko
Visual Harassment in the Workplace
If you’re in the workplace and people say things to you that are demeaning, insulting, lewd, or harassing, you may know you’re a victim of workplace harassment. The same goes, of course, if there is any unwanted touching, or perhaps, coercion to engage in sexual or romantic activity as a condition of working there…. Read More »
Recognizing LGBTQ Harassment in the Workplace
Both federal and California law protect LBGTQ workers from discrimination and harassment in the workplace, albeit California’s state laws are broader, and do provide more protection than federal laws. But while workplace rights and protections for the LBGTQ community are continually increasing, that doesn’t make discrimination cases against the LBGTQ community any easier. Hard… Read More »
Salaried Workers and Overtime Pay: How Does it Work?
The Fair Labor Standards Act (FLSA) requires, among other things, that workers get paid overtime pay, for any hours worked weekly, over 40 hours a week. With per-hour, hourly paid workers, this is often easy to compute: Just see how many hours a worker has worked, see if it’s over 40 hours, and see… Read More »
How Long Can Your Employer Wait to Pay You?
For many employees, their relationship with their employer is a good one. This is especially true in smaller companies, where the company can seem like a “family,” and where supervisors or owners may also be friends or people that employees have grown close to. When these kinds of companies fall on hard or slow… Read More »
The Supreme Court is About to Answer a Big Question on Reverse Discrimination
Most of us already know that discrimination or harassment in the workplace based on a protected classification such as race or nationality or religion, among other categories, is illegal. But does that include all races, nationalities and religions—even so-called “majority” ones? What is Reverse Discrimination? That’s the issue that the Supreme Court is set… Read More »
The ADA and the Essential Functions Test
The Americans With Disabilities Act (ADA) generally says that if you have a disability, your employer must make accommodations in your workplace to allow you to do your job. You can’t be punished, fired, harassed, or discriminated against because of your disability. When Accommodations Won’t Help But sometimes, an employee is disabled so severely,… Read More »
Understanding Medical Disclosure Requirements Under the ADA
Do you need accommodations at work because of a medical condition? The Americans With Disabilities Act (ADA) protects you. But many employees don’t understand what they can be asked and when, and what medical information they have to tell their employers. Time to Disclose Information There is no time limit on telling your employer… Read More »
Sexual Harassment When a Workplace Relationship Ends
For many of us, we will spend more time at work, and with our co-workers, than we do at home, or than we do socially. That means for those who are single, there is a high likelihood that you may meet that special someone at work, and start a consensual relationship with that co-worker…. Read More »
Signs That You May Have Been Fired Illegally
One day you’re at work, doing your job, without issue. Then it happens. You’re called into a supervisor’s office, and you’ve been let go. But it’s not that simple—you suspect that you were let go, for an illegal reason. How can you prove that’s the case? What’s Illegal? Before we get to that, let’s… Read More »
What is a Stay or Pay Clause?
Non compete clauses have long been illegal in California, and as of 2023, the federal government passed a regulation making these provisions illegal nationally (although that restriction is currently being challenged in court). But anticipating the trend against these clauses, many employers are coming up with new ways to try to keep employees from… Read More »
