What Is Whistleblowing in California? Part I

What Is Whistleblowing in California 1.jpg

Whistleblowing occurs when an employee reports illegal conduct at work that is not related to workplace rights.

For example, you are a whistleblower if you report that your company is cooking the books; engaging in shareholder fraud; producing faulty, dangerous, or mislabeled products; or lying on its tax returns.

An employer may not fire an employee for blowing the whistle on certain illegal activity. Some laws that prohibit certain types of unethical or illegal corporate behavior explicitly protect employee whistleblowers.

For example, the Sarbanes-Oxley Act, passed in 2002 to protect investors from corporate financial wrongdoing, includes whistleblower protections for employees who report financial irregularities and shareholder fraud.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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What is Considered Retaliation at Work? Part II

What is Considered Retaliation at Work part ii

Although there are government agencies responsible for enforcing these laws, these agencies typically don’t conduct random workplace audits looking for violations. Instead, they rely on employee complaints to learn of potential violations.

Even then, enforcement agencies almost never sue employers for breaking the law. Although an agency might investigate, impose a fine, or even make a finding that an employer has likely violated the law, the employee must typically bring a lawsuit to vindicate his or her rights.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

What is Considered Retaliation at Work? Part I

What is Considered Retaliation at Work

An employer retaliates against an employee when it takes action to punish the employee for exercising his or her workplace rights or for reporting a legal violation of workplace laws.

Many employment laws are enforced by employees who come forward to report a problem, such as harassment, failure to pay overtime, or safety hazards.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Complaining About Illegal Behavior at Work

Complaining About Illegal Behavior at Work

Were you fired from your job because you complained about illegal behavior or asserted your legal rights?

If so, you may have a wrongful termination claim for retaliation or whistleblowing. Many employment laws prohibit employers from firing employees for exercising their rights under those laws.

Employees are also protected for whistleblowing: reporting that the company has broken laws unrelated to workers’ rights (such as laws regulating consumer protection, product safety, government contracts, or shareholder fraud).

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Discipline and Terminations in California

Discipline and Terminations in California

When you are fired, get laid off, or quit your job, you still have rights. State laws require your employer to provide your final paycheck in short order.

You may also be entitled to severance, continued health insurance coverage, and more.

You may be eligible for unemployment compensation and/or other forms of government benefits. And, if you were fired illegally, you might consider a wrongful termination lawsuit.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Am I Entitled to a Lunch or Rest Break in California?

Am I entitled to a lunch or rest break in California

Yes. Employees in California are entitled to a meal break of 30 minutes, unpaid, after five hours, except when the workday will be completed in six hours or less and the employer and employee consent to waive the meal break. T

The employee cannot work more than ten hours a day without a second 30-minute break, except if the workday is no more than 12 hours.

The second meal break may be waived if the first meal break was not waived. An on-duty paid meal period is permitted when the nature of work prevents relief from all duties and the parties agree in writing.

Employees are also entitled to a paid ten-minute rest period for each four hours worked or major fraction thereof, as practicable, in the middle of the work period. This is not required for California employees whose total daily work time is less than three-and-a-half hours.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

When am I entitled to earn overtime in California?

When am I entitled to earn overtime in California

In California, eligible employees must receive overtime if they work more than eight hours in a day or 40 hours in a week.

After working 12 hours in a day, California employees must receive double time. If an employee works on a seventh day, that employee is entitled to time and a half for the first eight hours of work and double time for additional hours.

Not every type of job is eligible for overtime, however.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

What to Do If Your Rights Are Violated at Workplace

What to Do If Your Rights Are Violated at Workplace

If you believe your employer has violated your rights under California’s wage laws, you should talk to an experienced California wage and hour lawyer right away.

A lawyer can review the facts and tell you whether you have a strong claim against your employer.

A lawyer can advise you about the best way to assert your rights, such as writing your employer a “demand letter” asking it to pay you what you are owed, filing a wage claim with the California Labor Commissioner, or filing a lawsuit.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Rules for Final Paychecks – Part II

Rules for Final Paychecks - Part II

If you quit your job and give your employer less than 72 hours’ notice, your employer must pay you within 72 hours. If you give your employer at least 72 hours’ notice, you must be paid immediately on your last day of work.

Like employees who are fired or laid off, your final paycheck must include all of your accrued, unused vacation time or PTO.

To discourage employers from delaying final paychecks, California allows an employee to collect a “waiting time penalty” in the amount of his or her daily average wage for every day that the check is late, up to a maximum of 30 days.

For example, if you typically earn $80 a day and your employer is ten days late with your check, you may be able to collect a penalty of $800.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com