Author Archives: Jay Butchko
California’s PAGA Reform Emphasizes Importance of Proactive Labor Violation Cure by Employers
The California Private Attorneys General Act (PAGA) is a state law that allows workers to sue employers directly for Labor Code violations, on behalf of themselves and other “aggrieved employees.” Businesses and organizations have struggled to navigate this law because relatively minor violations can result in serious liability and penalties. On July 1, 2024,… Read More »
California Company Will Pay More than $100,000 to Resolve Hiring Discrimination Case (a Good Lesson for Employers)
On June 4, 2024, the Department of Labor (DOL) confirmed that Arakelian Enterprises Inc.—a California-based waste collection and recycling company—will pay more than $100,000 to resolve a hiring discrimination case. The company, a federal contractor subjected to heightened standards, was sued for discriminating against female job applicants. Here, our California employment lawyer discusses the… Read More »
California Employers to Finalize Workplace Violence Prevention Plan
Virtually all businesses and organizations in California—regardless of their size—must have a comprehensive workplace violence prevention plan in place by July 1, 2024. However, it’s not too late. Employers that do not currently have a workplace violence prevention plan in place, should create and implement one to comply with the new legal requirement. Here,… Read More »
Employer Prevails in Major Case in California: No Monetary Penalties if Reasonable, Good Faith Dispute Over Wages
On May 6, 2024, the California Supreme Court issued a decision in favor of employers. In the case of Naranjo v. Spectrum Sec. Servs., Inc., the state’s top court found that employers are not liable for monetary penalties if there is a reasonable and good faith dispute over whether wages were owed to an… Read More »
Medical Records and Disability Accommodations: A Guide for Employers in California
There are federal and state laws in place to protect disabled job applicants and employees. An employer in California may be required to provide reasonable accommodation for a qualified disabled worker who can perform the essential functions of a job position. Employers can request medical records from employees who are seeking a reasonable accommodation—but… Read More »
Can Employers Require Uniforms and Dress Codes?
Employers in California often want to require employees to wear uniforms or to abide by certain dress codes, which may also include personal grooming standards. If you want to require your employees to wear specific uniforms while they perform their work duties, or if you want to create a dress code or personal grooming… Read More »
What are the Sexual Harassment Training Requirements for Employers in California?
California has some of the most comprehensive workplace sexual harassment training requirements in the entire country. Under California law (Government Code section 12950.1), “an employer having five or more employees” is subject to sexual harassment training standards. Within this article, our Riverside County employment lawyer provides a guide to sexual harassment training requirements for… Read More »
Employment Law News: Major Deal Reached to Reform PAGA in California
On June 18, 2024, California Governor Gavin Newsom and legislative leaders announced that they had reached a comprehensive deal to reform the Private Attorneys General Act (PAGA). This reform is, potentially, good news for employers in California—as PAGA liability has increased dramatically in recent years. Here, our California employment lawyer provides an overview of… Read More »
California Court Ruled Stock Options are Not Classified as Wages
In April 2024, the California Court of Appeal, First District issued an instructive decision in the case of Shah v. Skillz Inc. Notably, the appeals court determined that stock options are not classified as wages. This is an important decision as the State of California has some of the most comprehensive, stringent wage and… Read More »
The Top Four Mistakes to Avoid When an Employee Brings a Wage and Hour Complaint
Wage and hour laws—from the federal Fair Labor Standards Act (FLSA) to California state regulations—are designed to establish minimum standards for worker pay, including minimum wage, overtime protections, and meal/rest break requirements. As an employer, you have a proactive responsibility to ensure compliance with federal, state, and local wage and hour laws. If an… Read More »
