Month: December 2014

Is it against the law for an employer to be open for business on every holiday some of which you have to work?

holiday

No. There is nothing in California law that directs that an employer must close its business on any particular day. It is up to the employer to select which days it chooses to be open or closed for business. If your employer is open on a holiday, like Christmas of New Years, and schedules you to work that day, there is nothing in the law that obligates your employer to pay you anything but your regular pay and any overtime premium for all overtime hours worked.

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.

Advertisements

All You Need to Know About Your Wage Deductions

Closeup of a money in man's pocket

You are probably already familiar with deductions for payroll taxes and Social Security. However, only certain types of deductions can be legally withheld, and even then, the amount of the deduction is often limited by federal and state laws. Some common payroll deductions made by employers that are unlawful include:

  • Gratuities – An employer cannot collect or take any gratuity or part given or left for an employee, or deduct any amount from wages due an employee given or left for an employee. However, a restaurant may have a policy allowing for tip sharing among employees who provide direct table service to customers. (Labor Code Section 351)
  • Uniforms – If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. (Labor Code Section 2802)
  • Bonds – If an employer requires a bond of an applicant or employee, the employer must pay the cost of the bond. (Labor Code Section 401)
  • Business Expenses – An employee is entitled to be reimbursed by his or her employer for all expenses or losses incurred in the direct consequence of the discharge of the employee’s work duties. (Labor Code Section 2802)
  • Medical or Physical Examinations – An employer may not deduct from the wages of any employee or require any prospective employee to pay for any pre-employment medical or physical examination taken as a condition of employment, nor may an employer deduct from the wages of any employee to pay for any medical or physical examination required by any federal or state law or regulation, or local ordinance. (Labor Code Section 222.5)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.

    Did your employer unlawfully deduct from your wages? 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.

All You Need to Know About Vacation Time

vacation-time

In California, there is no legal requirement that an employer must provide its employees with paid or unpaid vacation time. However, if an employer does have an established agreement or policy to provide paid vacation, then there are certain restrictions on the employer on how to provide vacation pay.

Earned vacation time is considered wages, and vacation time is earned as labor is performed. For example, if an employee is entitled to 2 weeks of vacation per year, after 6 months of work he or she will have earned 1 week of vacation. Vacation pay adds up as it is earned and cannot be forfeited regardless of the reason for the termination. Unless otherwise agreed by a collective bargaining agreement, upon termination of employment, all earned and unused vacation must be paid to the employee.

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 been deprived of your vacation time? 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.

How Long of A Meal Period Are You Entitled To?

meal-period

According to California law, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of no less than 30 minutes. However, if the total work period day of the employee is no more than 6 hours, the meal period may be waived by mutual consent of both the employee and the employer.

A second meal period of not less than 30 minutes is required if an employee works more than 10 hours per day. However, if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of both the employee and the employer only if the first meal period was not waived.

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 been deprived of your meal period? 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.

All You Need to Know About Rest Periods

rest-period
California law requires that employers allow employees to take a 10-minute paid rest period for every 4 hours worked. The rest period should be given in the middle of the work period as is practicable. If the circumstances of the work prevent the employer from giving the break at the preferred time, the employee must still receive the required break, but may take it another point in the work period.

It is not permissible to choose to work through both of your rest periods so that you can leave your job 20 minutes early or arrive late.

If an employer does not authorize or permit a rest period, the employer must pay the employee one hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided.

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 been deprived of your rest periods? 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.

All You Need to Know About Tips & Gratuities

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 drinks, articles sold or served to patrons.

California Labor Code Section 351 prohibits employers from keeping any portion of a gratuity left for or give to employees by a patron. Further, it is illegal for employers to deduct gratuities from wages or use gratuities as direct or indirect credit against an employee’s wages. The law expressly states that gratuities are the sole property of the employee.

Payment of a gratuity made by a patron using a credit card must be paid to the employee not later than the next regular payday following the date the patron authorized the credit card payment.

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 been deprived of your earned gratuity? 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.

Employees with Diabetes: What You Need to Know

diabetes

Nearly 26 million Americans have diabetes and an estimated 79 million adults have pre-diabetes. Employees with diabetes are covered by the American with Disabilities Act (ADA) which prohibits disability discrimination in the workplace. Diabetes is a physical impairment that limits major life activities, and thus meets the ADA definition of disability.

In fact, the Equal Employment Opportunity Commission has made it clear that diabetes should be a covered disability under the ADA. Diabetes can limit major life activities, such as caring for oneself, seeing, walking, eating, and standing.

Accommodations for employees with diabetes are usually minimal, easy to accomplish, and require little or no cost to the employer. Reasonable accommodations include: breaks to check blood glucose levels and treat by taking medicating or eating, ability to keep diabetes supplies and food nearby, opportunity to work a modified schedule, and opportunity to leave for treatment of diabetes.

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 been discriminated at work because of diabetes? 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.