Author Archives: Jay Butchko
Salary and Commission Requirements for Commission Based Workers
You may already know that the Fair Labor Standards Act has special rules for how much tipped employees need to be paid, and how their pay requirements differ from those employees who may receive just a straight hourly wage. But there is another category of wages, or another way some people are paid: commissions…. Read More »
Interns: When, if Ever, Do They Have to be Paid?
Internship/externships are invaluable educational opportunities; the chance for students in high school, college or graduate school to get real, hands-on experience. But for employers there seems to be a hidden benefit: free labor. But is an internship paid? Does someone who interns with a company have to be paid the same way that any… Read More »
Are Tipped Employees More Likely to be Sexually Harassed?
We’ve written in the past about the difficulties that many tipped employees have when it comes to making sure that they get paid the legally required hourly wage, as well as overtime. And about the tricks and tactics that many employers use to deprive tipped employees of what they earn or what they are… Read More »
Should You Sign a Confidentiality Agreement to Settle Your Case?
At the end of your employment discrimination, unpaid wages, or similar employment case, if the case does settle out of court, your employer or its insurance company will, without a doubt, want you to sign a confidentiality agreement as a condition of receiving your settlement. Should you sign it? More Compensation? One thing to… Read More »
What Can a Whistleblower Safely Report to the Government?
You may already know that whistleblower laws prohibit your employer from retaliating against you for taking certain actions, or for reporting certain illegal activity. These laws allow employees who see illegal behavior, to report and try to stop that behavior, without fear of repercussions at work. But just what kind of things do the… Read More »
What is National Origin Discrimination?
You probably already know that it is illegal to discriminate in the workplace based on national origin. Many people just assume this means the same thing as “race,” but they are two different things, and legally, although discriminating on both is illegal, discrimination on the basis of national origin is a separate distinct category… Read More »
Women have a Right to be Offered, and to Take, Dangerous Jobs
Let’s say that you are a woman, and you are applying for a job that may be considered dangerous-or perhaps, you are asking for a promotion within your company to a position that could be considered dangerous or risky. Your employer is concerned, and tells you that you can’t be hired or promoted to… Read More »
What You May Not Have Known About Age Discrimination in the Workplace
Are you being discriminated against at work because of your age? That may seem like an easy question to answer, given that most of us are aware that age discrimination is illegal. But there are a lot of things about age discrimination that you may not be aware of. It’s not just employers –… Read More »
Contractors and Providers Can be Liable for FEHA Violations Also
It’s one of the oldest defenses known to mankind, and one we’ve all used when we were little kids: blame someone else when something goes wrong. But as of last year, when it comes to liability under the Fair Employment and Housing Act (FEHA), Defendants may not be able to point the finger at… Read More »
How is Overtime Pay Calculated and When Do You Get It?
Most employers in California hopefully know that they have to, by law, pay their employees for the hours those employees work. But where most employees get into trouble is when overtime comes into play. Many employees and employers don’t understand how overtime works, or how to calculate overtime pay. How Much is Owed? The… Read More »
