Author Archives: Jay Butchko
What Employers Should Know About Mediation for Employment Disputes in California
Employers can benefit from strong relationships with their employees. In some cases, the best option for resolving a dispute with an employee may be a non-adversarial approach. Mediation could be the best path forward. In this article, our California workplace solution lawyer highlights the most important things employers in California should know about mediation…. Read More »
An Overview of Senate Bill 699 (California’s Expanded Ban On Non-Compete Agreements)
On September 1, 2023, California Governor Gavin Newsom signed Senate Bill 699 (SB 699) into law. The legislation strengthens California’s already comprehensive restrictions on non-compete agreements. Most notably, the law strengthens an employee’s private right of action—allowing them to sue for additional damages if an employer has them sign and/or tries to enforce an… Read More »
California Court Rules in Favor of Employer in Wrongful Termination Cases, Found Firing Based on Misconduct, Not Religious Discrimination
Recently, the Ninth Circuit Court of Appeals released an opinion in favor of a California employer in a wrongful termination claim (Hittle v. City of Stockton). The federal appellate court determined that the City of Stockton’s termination of a fire chief did not constitute unlawful religious discrimination. In this article, our California employment attorney… Read More »
New California Law Creates Presumption of Retaliation for Wage and Hour Violations (90 Days)
On October 9, 2023, Governor Gavin Newsom signed into law Senate Bill SB 497, the Equal Pay and Anti-Retaliation Act. This Act creates a rebuttable presumption of unlawful retaliation, i.e., that the employer retaliated against employees who engaged in certain legally protected activities. The presumption would apply for 90 days after the protected activity,… Read More »
Proposed Bill Seeks to Regulate Use of Artificial Intelligence (AI) By Employers in California
Artificial intelligence (AI) is on the rise. A number of different major tech companies have recently rolled out AI-related tools and services. The use of AI raises a number of different concerns. In April, a group of legislators in California introduced Assembly Bill 331 (AB 331)—a first-of-its-kind proposal to regulate the business use of… Read More »
The Restaurant Owner’s Guide to Tip Pooling in California
The restaurant industry is one of the most important economic engines in California. Statista reports that restaurant and foodservice companies employ more than 1.8 million people in our state. Many California restaurants use tipping as part of their business model for employee compensation. As a restaurant owner, you may be considering whether to implement… Read More »
California Supreme Court Interprets Employee Whistleblower Statute in Broad Manner: What This Means for Employers
On May 22, 2023, the Supreme Court of California rendered a decision in the case of People ex rel. Garcia-Brower v. Kolla’s, Inc. As a unanimous opinion by the state’s highest court, the ruling both clarifies and expands the rights of whistleblower employees under state law. Here, our Riverside County employment lawyer for employers… Read More »
What Employers Should Know About the NLRB’s Recent Guidance On Confidentiality and Non-Disparagement Provisions in Severance Agreements
Earlier this year, the National Labor Relations Board (NLRB) issued a key decision McLaren Macomb (372 NLRB No. 58 McLaren Macomb 07-CA-263041). The federal agency determined that broad language in a severance agreement that bars an employee from “making statements that could disparage the employer” and/or from “disclosing the terms of the agreement” violates… Read More »
What California Employers Should Know About the New Federal Workplace Requirements for Nursing Mothers
In December 2022, President Joe Biden signed the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) into law. This law extends additional legal protections to nursing mothers. Here, our Riverside County employment attorney provides an in-depth overview of the key things that California employers should know about new workplace requirements for nursing… Read More »
Alternative Workweek Schedules in California: An Overview for Employers
Work schedules are critical for employers that hire non-exempt hourly employees. Employers need to staff appropriately to conduct business and anticipate labor costs to budget costs and stay profitable. When hourly workers put in more than 40 hours per week, they are entitled to overtime pay. An hourly worker in California could also be… Read More »
