Month: July 2014

Tips for Ensuring Meal and Rest Break Compliance

rest-period

Many California employers face lawsuits for meal and rest break compliance. There’s a lot that can be done to avoid accidentally not providing employees with the meal and rest breaks they’re entitled to. Here are some tips for employers to help ensure that meal and rest breaks are taken appropriately:

– Evaluate systems to ensure that they don’t hinder employees from taking rest and meal breaks. For example, make sure that employees are not being schedule too much.
– Schedule breaks and relief rather than relying on employees to do it without prompting.
– Ensure that employees record the time out and time in for the meal period. Note that in the absence of proof that an employee took a meal period (ie. clocking out), it will be presumed they did not. It is the employer’s responsibility to ensure they have the opportunity to take the meal break.
– Have a complaint written “on-duty meal period” agreement on file.
– Set up a system for employees to report violations.
– Track and discipline violations.
– Talk to the employees who miss breaks. The key here is to show the employees that they have a responsibility to take breaks they have been provided and that they cannot just not take it to try to get the premium pay, and doing so will result in disciplinary action.

Taking the above precautions will ensure employers will face less meal and rest break violations.

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

Are you or anyone you know not been given your meal or rest breaks? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

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6 Sins of Termination – Ways to Prevent Lawsuit

Termination-Fired

Since terminations are the source of many lawsuits, it’s valuable to learn how to do them right:

1. Terminating rashly in a fit of anger. There are many factors to consider before terminating. Being disrespectful encourages people to sue.
2. Terminating in public, especially in a humiliating way. Public humiliation is a lawsuit magnet.
3. Terminating without checking with Human Resources. HR needs to be able to evaluate a number of factors, such as contract, appropriateness, consistency, and special circumstances before there is any termination.
4. Termination that looks like retaliation. When a termination closely follows a protected act, such as making complaints, there will be an obvious suggestion of retaliation.
5. Offering a false basis for a termination.
6. Terminating without a reason on the basis of “at-will.” If, as an employer, you’re faced with litigation. you have to defend by providing that yes, your manager fired an employee for no reason. However, then you have to explain why “no reason” is more likely than the illegal reason, such as being fired because of being part of the protected class- that is, race, sex, age, disability, etc. This dilemma is not going to end well.

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.

Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

New Guidance on Pregnancy Discrimination Released

pregnancy-discrimination

The Equal Employment Opportunity Commission recently issued an enforcement guidance on pregnancy discrimination. The new guidance includes significant developments in the law during the past 30 years.

The guidance sets out the fundamental requirement that an employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions and that women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other employees who are similar in their ability or inability to work. The guidance requires employers to provide reasonable accommodations “to the known limitations of otherwise qualified employees and applicants for employment.”

Also, the guidance explains how the definition of “disability” could apply to workers with impairments related to pregnancy. Although pregnancy itself is not a disability, impairments related to pregnancy can be disabilities if they “substantially limit one or more major life activities.”

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

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

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

5 Fundamental Rules to Know About Travel Pay

travel-pay

Travel pay disputes, including business trips and mandatory off-site training to commuting time, waiting time, and on-call time, are the center of many employment lawsuits.

Here are 5 basic rules to understanding travel pay:

1. Commuting time from an employee’s regular place of work each day is not work time, so employers do not have to pay employees for this time.
2. If an employee spend time traveling to a location for a special assignment, or spends significant travel time for an emergency outside normal work hours, that time spent traveling during regular work hours is considered part of principal job duties. Travel in these circumstances or outside of normal work hours is compensable work time.
3. If an employee reports to a central location to pick up equipment before proceeding to his or her assigned worksite, the time spent traveling to the central location is not work time. The time spent traveling to the assigned worksite is work time.
4. Overnight travel or travel away from home is always work time under California law. Under federal law, it is work time only when it cuts across the employee’s normal workday and/or requires the employee to work on weekends or days when he or she would not otherwise be required to work.
5. Regular meal periods and time spent sleeping or in other leisure activities while traveling is not work time, and the employer does not have to pay the employee for this time.

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/