Month: January 2014

Prohibited Employer Actions under ADA and FEHA

If you are an employer, you should be familiar with American with Disabilities Act (ADA) and California’s Fair Housing and Employment Act (FEHA). Said acts ensure that disabled employees are not discriminated against in the workplace. So what do these two acts entail?

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Under the ADA and FEHA an employer cannot:

  • Fail to make a reasonable accommodation for someone with a disability.
  • Use qualification standards, employment tests, or other selection criteria that screens out or tends to screen out individuals with disabilities.
  • Have a policy with an adverse effect on people with disabilities, even if that was not the intent of the policy. One example is when a policy states that an employee who has an absence from work after exhausting all leave options will be terminated, without exception. This is illegal since disabled individuals may require further accommodation.
  • Retaliate against an individual because that person opposes an employer act or a practice that is unlawful.
  • Ask a job applicant whether she or he is an individual with a disability.
  • Ask a job applicant about any job-related injuries or workers’ compensation history.
  • Force an applicant to take a pre-offer medical examination or psychological examination.

Read more at: http://goo.gl/FMuc0L

Are you or anyone you know been discriminated at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit EmploymentLawyersLA.com if you have any questions regarding your rights at the workplace.

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Uber Sued Over Girl’s Death in San Francisco

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The family of a 6-year-old girl killed by an Uber driver filed a lawsuit against the driver as well as the company, asserting that the use of the fast-growing Uber app runs afoul of California’s distracted-driving laws. The suit alleges that the driver of the vehicle – who was at that time an Uber contractor – was logged on to the company’s Uber app when he fatally struck the victim. The wrongful-death suit will have a big effect on how technology companies like Uber, Lyft and Sidecar should be regulated and to what degree they should be held liable for the actions of their drivers.

 

Do you think Uber should be held liable for their drivers’ negligence? Let us know!

Source: http://goo.gl/MnxVZP

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466

Better Call Saul T.V. Series: Breaking Bad Prequel’s Cast Additions, Plot Points and More

Everyone’s favorite lawyer on TV is coming back!

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Better Call Saul, from the same creators of Breaking Bad, will feature Saul, a lawyer who helps criminals get out of any jam. The show is set to premiere on AMC later in 2014.

Source: http://goo.gl/YedLUo

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-446

Apple Will Refund at Least $32.5M in App Case

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Following thousands of consumer complaints, Apple will refund more than $32 million dollars to settle a case involving in-app purchases. In-app purchases are when a game-player spends money to advance to a new level or buy coins in an iPhone or Android app. As part of the settlement, Apple must pay full refunds to consumers for kids’ unauthorized purchases and Apple must also change its billing practices to make it more obvious that an actual purchase is taking place during the course of the game or app.

Do you find this to be a fair and reasonable settlement?

Source: http://goo.gl/nFxSEI

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466

Terminations: Maybe Involve HR? No—Always Involve HR

Great advice for managers and supervisors: always involve your company’s Human Resources Department before terminating an employee. Moreover, HR should always be involved in a termination decision.

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Firing done in an unacceptable manner include:
• Not done in person
• Done with anger displayed
• Done in public
• Employee not told the real reason for the termination
• Contractual agreements not honored

Source: http://goo.gl/TWJiYS

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466

Our New Website! EmploymentLawyersLA.com

Our new website is now live! Check it out:

www.EmploymentLawyersLA.com

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Los Angeles Employment Attorneys in California With More Than 17 Years of Experience

The Law Offices of Payab & Associates is a Los Angeles based law firm founded by David Payab, Esq., with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

 The Law Offices of Payab & Associates takes every employment case seriously. Our office is determined to make sure you are zealously represented and that your case is resolved in the most efficient, cost-effective manner possible. We provide high quality legal representation with each case given the individual attention required to obtain an optimal resolution at the lowest possible cost to each client. We have represented numerous clients in employment cases and we have consistently obtained outstanding results for our clients.

Our attorneys take your employment cases on aContingency basis. This means that you do NOT have to pay anything for the legal service until we have settled your case. After winning your employment case, we will only take a percentage of the award of damages. This means that there is NO cost if there is no recovery. This is our guarantee for all of our employment cases. Please contact us if you have any questions.

The Law Offices of Payab & Associates serves clients in Woodland Hills and throughout surrounding areas in Los Angeles County including Encino, Tarzana, Northridge, West Hills, Topanga, Canoga Park, Chatsworth, Reseda, North Hills, Calabasas, Agoura Hills, Simi Valley, Thousand Oaks, Sherman Oaks, Van Nuys, Glendale, Burbank, Panorama City, North Hills, North Hollywood, Hollywood Hills, Beverly Hills, Westwood, Century City, West Los Angeles, Hollywood, Central Los Angeles, Santa Monica, and Brentwood.

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466

New California employment laws for 2014: What Your Business Needs to Know

The year of 2014 brings in a lot of new employment laws including a higher minimum wage, more powerful whistleblower protection, and new immigration status-related protections for employees.

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Some highlights of new employment laws in California:
– As of July 1, 2014, California’s minimum wage of $8.00/hour will be increased to $9.00/hour.
– More broad protection under the California Fair Employment and Housing Act (FEHA) to include “military and veteran status.”
– More broad definition of harassment to now state that sexually harassing conduct need not be motivated by sexual desire. So long as the harassment was directed to someone because of his or her sex, the harassment is unlawful.
– Labor Code section 98.6 is expanded to protect an employee’s written or oral complaint that he or she is owed wages.
– As of July 1, 2014, the family temporary disability insurance program will be expanded to include wage replacement during time off to care for a seriously ill grandparent, grandchild, sibling or parent-in-law.

What does this all mean? More protection from harassment and discrimination for employees.

Source: http://goo.gl/iCayql

Call the Law Offices of Payab & Associates @ (800) 401-4466 if you have any questions regarding your rights at work.

Jury Awards $4.6 Million in Jeep Death Where Seatbelt Didn’t Work

Jury awarded $4.6 million to the husband of a woman killed when she was ejected from a Jeep when here seat belt didn’t work.

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A Gwinnett County jury awarded $4.6 million to the husband of a woman killed when she was ejected from a Jeep during a rollover wreck. The company that manufactured the seat belt the victim was wearing must pay $3.7 million of the judgment and the jury apportioned $900,000 of the verdict to the victim’s daughter, who was driving at the time of the accident.

Source: http://goo.gl/lNmGak

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466

3 Awesome Changes Coming in 2014 to California’s Employment Laws

Did you know that there are some new exciting changes coming in 2014 to California’s Employment Laws?

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1. Workers in California can now enjoy the right to take up to six weeks off from work to care for siblings, grandparents, grandchildren, and even parents-in-law.
2. Minimum Wage goes up from $8.00 to $9.00.
3. A more broad definition of “Sexual Harassment” that may cover more possible victims.

Source: 3 Awesome Changes Coming in 2014 to California’s Employment by Payscale

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466

Your Rights When Interacting with a Police Officer

Ever wanted to know your rights when interacting with a police officer?

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A new infographic includes information on police encounters, DUI stops and requirements to show ID.

A new infographic released by Online-Paralegal-Programs.com sought to help Americans understand what rights they do and do not have when interacting with a police officer. The infographic includes information on DUI stops and requirements to show ID and other police encounters.
Source: http://goo.gl/HGMjXC

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466