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Author Archives: Jay Butchko

Wages

What Happens to My Wage and Hour Judgment When a New Business Takes Over for My Old Employer? Successor Liability for Wage and Hour Judgments under California Labor Code 200.3

By Scott • Wagner and Associates |

In California, workers are protected by both state and federal wage and hour regulations. Among other things, these laws guarantee a minimum wage, mandate meal breaks and rest breaks, and provide overtime benefits to non-exempt workers. When employers violate wage and hour regulations, they can be held liable and ordered to pay damages to… Read More »

EmplLaw

New California Legislation Extends Time to File Whistleblower Complaints

By Scott • Wagner and Associates |

Although federal and state laws provide workers with numerous protections in the workplace, many workers are still reluctant to come forward and pursue a claim. Sometimes the worker fears retaliation. In other instances, the worker may feel uncomfortable proceeding without first seeking the advice of an attorney–assuming they can even afford to hire one…. Read More »

Coronavirus4

California Governor Newsom Signs Law Requiring Employers to Warn Workers of COVID-19 Exposure

By Scott • Wagner and Associates |

On September 17, 2020, California Gov. Gavin Newsom signed into law Assembly Bill 685 and Senate Bill 1159. These bills provide additional legal protections for workers in the ongoing COVID-19 pandemic. Specifically, the bills expand access to workers’ compensation for front-line workers and require employers to notify their workers of any potential COVID-19 cases… Read More »

Employment6

California Harassment Training Under California Law: Is the Compliance Deadline Still Set for January 1, 2021 Due to COVID-19 Pandemic?

By Scott • Wagner and Associates |

As of October 28th, 2020, the California Department of Public Health reports that 908,713 cases of the COVID-19 virus have been confirmed in the state. The pandemic has affected virtually every aspect of life in California, including the workplace. You may be wondering: Did California extend the compliance deadline for workplace harassment training? The… Read More »

CovidBus1

Forced to Quit Due to COVID-19 Concerns: California Judge Allows Ex-Detention Center Officer to Pursue Constructive Discharge Claim

By Scott • Wagner and Associates |

The COVID-19 pandemic has put many frontline workers in a terrible quandary: either they go to work and face contracting a potentially fatal disease–which they may then spread to their household and community–or quit and deal with the loss of income. Making matters worse is that many employers have not taken adequate steps to… Read More »

UnpaidOvertime

California Expands AB 5 Exemptions to Cover More Professional and Entertainment Services

By Scott • Wagner and Associates |

In September 2019, the California legislature passed Assembly Bill 5. This landmark bill codified a prior ruling from the California Supreme Court adopting the so-called ABC Test in worker classification cases. The ABC test requires a “hiring entity” to prove that a given worker is an independent contractor–as opposed to an employee–based on three… Read More »

SexH1

Forced to Help Cover Up the Boss’ Affair: Can You Sue a Former Employer for Causing You “Emotional Distress”

By Scott • Wagner and Associates |

Unfortunately, it is not uncommon for people to experience emotional stress, or even trauma, in the workplace because of a poor relationship with their boss. But can such distress form the basis of a valid legal claim against an employer? Put another way, in situations like these, can you sue your former boss for… Read More »

EmpContract2

Are Confidentiality Agreements Governed by Federal or State Law? Google Lawsuit May Turn the Tide Against Tech Giant

By Scott • Wagner and Associates |

The National Labor Relations Act (NLRA) governs “labor relations,” i.e., the process of workers engaging in collective action or forming a union. Since the NLRA is a federal law, it normally overrides or “preempts” state laws that might also touch upon labor relations. The U.S. Supreme Court explained this preemption rule in a landmark… Read More »

Worker_Mask

Will Amazon Be Forced to Give Warehouse Workers Bathroom Breaks? Proposed California Legislation Would Regulate Employers’ Use of Strict “Quota” Systems

By Scott • Wagner and Associates |

The COVID-19 pandemic has proved to be a boon for large online retailers like Amazon and Wal-Mart, which can rely on their massive network of warehouses to fulfill remote orders for customers following stay-at-home orders. Unfortunately, this places increasing demands on warehouse employees to put their own health and safety at risk. For example,… Read More »

NDA2

Can I Discuss My Former Employer in a Court Filing? California Lawsuit Addresses Conflict Between Confidentiality Agreement and Anti-SLAPP Motion

By Scott • Wagner and Associates |

Many California employers require their key employees to sign confidentiality or non-disclosure agreements. Such agreements are designed to protect the employer’s confidential trade secrets. So if an employee leaves the employer for a competitor, any disclosure of the employer’s trade secrets could prompt a breach of contract lawsuit against the now-former employee. Fourth District:… Read More »

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* Cathleen Scott is licensed to practice in Florida only.

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