Month: June 2014

Minimum wage will be increased to $9.00 tomorrow

minimum-wage

Minimum wage will be increased to $9.00 tomorrow.

Certain types of employees such as outside salespersons, apprentices, and learners may be exempt from minimum wage requirements, but in general, the requirements apply regardless of whether employees are paid on an hourly, commission, or salaried basis.

Paying employees less than the applicable minimum wage is unlawful, and an agreement between an employer and an employee to do so is unenforceable. California’s Labor Code establishes penalties for minimum wage violations.

In addition to increases at the state level, some cities have passed their own minimum wages that top the state’s rate. For example, San Francisco and San Jose have set local minimum wages at $10.74 and $10.16 per hour, respectively.

Are you happy about the increase in minimum wage? Let us know!

The Law Offices of Payab & Associates is a Los Angeles based law firm 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.

Questions about your rights at the workplace? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/

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Supreme Court: Police Cannot Search Your Cell Phone

cell-phone-privacy

Today the U.S. Supreme Court ruled unanimously that police cannot search your cell phone without a search warrant or an immediate threat of danger. The court found that searching a cell phone in the 21st century was like searching someone’s entire home.

Today’s decision recognized that cell phones are not just a wallet or glove compartment – our phones have the ability to store vast amounts of data, and connect to cloud services that provide even more.

Do you agree with the Supreme Court decision? Let us know.

Read More: http://goo.gl/BBPF6b

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

Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://www.payablaw.com/

What Should You Do If You’re Attacked by a Dog

dog-bite

If you are attacked by a dog, the dog’s owner is likely to be legally liable for your injury. The following is an important list of what you should do if you’re attacked by a dog:

1. Get the names and phone numbers of the dog’s owner and witnesses. Even if you don’t think you’ll be asking for any liability, get the dog owner’s name and address. You may change your mind the next day, when latent injury may show up.
2. Get any witnesses’ names. You may need them to back up your version of what happened if you and the dog’s owner later disagree.
3. Get medical attention if you need it. If your injury is serious enough to require medical attention, seek one immediately. Keep records of doctor’s office or hospital visits and copies of bills. The more thorough you are with your documentation, the more likely the chance of getting reimbursed for your medical expenses.
4. Report the incident to animal control authorities. This is especially important if the dog wasn’t wearing a license tag and you don’t know who owns it.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in personal injury cases.

Are you or anyone you know been attacked by a dog? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://payablaw.com/

California Is The Riskiest State for Employee Lawsuits

lawsuit

According to a new study released by Hixcox detailing the best and worst areas for employee lawsuits in the United States, California is the riskiest state for employee lawsuits. Businesses in California face substantially higher risk of being sued by their employees compared to the national average.

California has a 42% higher chance than the national average of being sued by an employee. District of Columbia (32%), Illinois (26%), Alabama (25%), and Mississippi (19%).

In California, our state laws allow, and even encourage employment lawsuits, and these laws greatly increase the risk that any given business will face an employment lawsuit in a given year.

The Law Offices of Payab & Associates is a Los Angeles based law firm 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.

Questions about your rights at the workplace? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/

What rights do I have pertaining to my personnel files and records at work?

personnel-file

California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. Inspections must not be later than 30 days from the date the employer receives a written request. Upon a written request, the employer needs to provide a copy of the personal records, at a charge not more than the actual cost of reproduction.

To facilitate inspection, employer must do all of the following:
1. Maintain a copy of each employee’s personnel records for no less than 3 years.
2. Make a current/former employee’s personnel records available, and if requested, provide a copy at the place where the employee reports to work or at another location agreeable to the employer and the requester.

However, by law, the right to inspect does NOT apply to: records relating to the investigation of a possible criminal offense, letters of reference, and ratings, reports, or records that were obtained prior to employment or obtained in connection with a promotional examination.

The Law Offices of Payab & Associates is a Los Angeles based law firm 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.

Questions about your rights at the workplace? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/

3 Employment Law Trends Employers Need to Know

employment-law-trends

Below are descriptions of 3 employment law trends and several suggestions on how to manage them effectively.

1. Litigation issues are on the rise. There has been a rising tide of wage and hour litigation in the United States. In 2011, the U.S. Department of Labor recovered $225 million in back wages for employees, up 28 percent from 2010. It is important that employers consistently review their company policies and procedures to avoid litigation.

2. Workers want their time off. The American with Disabilities Act, the Family Medical and Leave Act, and other state and federal laws have outlined specific rules that relate to employees taking time off for vacation, sickness, and other qualifying situations. It would be ideal for employers to be mindful of what their policies paid time off policies are, and if they are in line with federal and state law guidelines.

3. The Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) have been stringently enforcing its plan in: protecting immigrants, migrant and other vulnerable workers, enforcing equal pay laws, eliminating barriers in recruitment and hiring, prevent harassment in the workplace, and preserving access to the legal system. In order to avoid these situations, it is advisable for employers to review and update their employee handbook regularly and consult with legal professionals to ensure that their company policies comply with state and federal law.

Read More: http://goo.gl/bAaBRj

The Law Offices of Payab & Associates is a Los Angeles based law firm 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.

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://www.payablaw.com/

All You Need to Know About Tips

gratuity

“Gratuity” is defined as a tip, gratuity, or money that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due for services rendered or for goods, food, drink, articles sold or served to patrons.

The law states that gratuities are the sole property of the employee or employees to whom they are given. Labor Code Section 351 prohibits employers from sharing in or keeping any portion of a gratuity left for employees by a patron. Furthermore, it is illegal for employers to make wage deductions from gratuities, or from using gratuities as direct or indirect credits against an employee’s wages.

In California, an employer cannot use an employee’s tips as a credit towards its obligation to pay the minimum wage. California law requires that employees receive the minimum wage plus any tips left for them by patrons of the employer’s business. Labor Code Section 351.

If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you object to his crediting your tips against your wages, or because you file a claim or threaten to file a claim with the Labor Commissioner, contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/

The Law Offices of Payab & Associates is a Los Angeles based law firm 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.