Month: January 2015

Which Employees Are Subject to The Healthy Workplaces, Healthy Families Act?

Healthy Workplaces, Healthy Families Act of 2014 part 4

The Healthy Workplaces, Healthy Families Act requires at least THREE (3) days (or 24 hours) of paid time off per year to care for themselves or family members during a time of illness or to care for themselves and seek help if they are the victim of domestic violence, sexual assault, or stalking.

An employee who, on or after July 1, 2015, works at least 30 days in California within one-year from the beginning of employment is entitled to the benefits of the newly passed Healthy Workplaces, Healthy Families Act. The law applies to full-time as well as part-time, seasonal and temporary qualifying employees.

However, please note that the following employees are exempted from paid sick time law:
– Employees who are covered by a valid collective bargaining agreement. Labor Code 245.5(a)(1)
– Employees in the construction industry covered by a valid collective bargaining agreement. Labor Code 245.5(a)(2)
– A provider of in-home supportive services. Labor Code 245.5(a)(3)
– A flight deck or cabin crew member. Labor Code 245.5(a)(4)

Are you an employee covered by the newly enacted Healthy Workplaces, Healthy Families Act and unsure whether you are receiving your paid time off to take care of yourself of family member during a time of illness? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace.

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.

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Which Employers Are Subject to The Healthy Workplaces, Healthy Families Act?

Healthy Workplaces, Healthy Families Act of 2014 part 3

It is no surprise that California, with its distinguished reputation for passing employee-friendly legislation, is leading the charge toward mandatory paid sick leave for employees with the passage of The Healthy Workplaces, Healthy Families Act which will go into effect on July 1, 2015.

It is best practices for all businesses and employers to have a written employee handbook that sets forth all of its employment-related practices and procedures including any paid sick leave.

A company with one or more employees, each working 30 or more days in California within a one-year period must comply with the Healthy Workplaces, Healthy Families Act. There is no exception for small businesses or companies that only have part time employes. Further, companies located outside of California with employees performing services in California are also subject to the new law.

Are you a company that has questions or concerns related to whether the newly passed California statute affects independent contractors or employees? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://payablaw.com/ if you have any questions to avoid or mitigate penalties and damages related to employee misclassification.

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.

The Healthy Workplaces, Healthy Families Act – Part II

Healthy Workplaces, Healthy Families Act of 2014 part 2

The Healthy Workplaces, Healthy Families Act comes into effect on July 1, 2015. The statute requires employers to provide certain California employees at least THREE (3) days (or 24 hours) of paid time off per year to care for themselves or family members during a time of illness or to care for themselves and seek help if they are the victim of domestic violence, sexual assault, or stalking.

The purpose of the new law was to allow employees to recover from illness or injury faster so that they can return to work more productively. It is estimated that 6.5 million California employees, or 40% of the California workforce, will be affected by this new law. Are you one of these newly affected employees?

Women are set to have the most impact from this newly passed law as women tend to be both the family caregiver and employed in low-wage earning jobs that typically do not offer paid time off. Workers in the service industry are less likely to be offered sick time by their employers, which often leads to the spread of illness on a large scale. As such, the new law is expected to reap great benefits to the public at large. Employers are also expected to gain much benefit from this when the cost of employees being absent due to illness is less than the cost of decreased production due to ill employees.

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://payablaw.com/ if you have any questions regarding your rights at the workplace.

The Healthy Workplaces, Healthy Families Act Allows Three Paid Sick Days Per Year

Healthy Workplaces, Healthy Families Act of 2014

This year, California will become one of only a few states to require employers to provide paid sick time to employees.

The newly mandated The Healthy Workplaces, Healthy Families Act of 2014, which will come into effect on July 1, 2015, requires a minimum of hours be provided to employees for the care of themselves or family members during illness. In a special 4 part series, we will break down this unprecedented act and explain how it applies to you as an employee and how it will affect employers.

Not only have employees benefited from the newly increase in the state’s minimum wage (read our article on California’s increase in minimum wage here), employees can now also count on at least THREE (3) paid sick days per year. The benefits to employees are substantial as employees are allowed to take 3 paid sick days per year to attend to their own health or their family members. While employers will reap benefits in the form of increased employee productivity and morale.

Tune to our next article explaining this noteworthy new law and how it affects employees and employers in 2015.

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://payablaw.com/ if you have any questions regarding your rights at the workplace.

Can Your Employer Require That You Stay On Premises During Your Meal Period?

meal-period-2

Yes. Your employment can require that you remain on the job premises during your meal period. This is true even if you are relieved of all work duties. However, if this does occur, you are under the employer’s control and you are denied your own time and thus you are entitled to pay during your meal period.

There are exceptions to this rule as it relates to healthcare workers. Healthcare workers may be required to remain on the job without getting paid for that meal period. Healthcare workers are employees in the healthcare industry providing patient care or working in a clinical department, including pharmacists, or member of a patient care delivery team, or licensed veterinarians.

Also, if you are required to eat at the premises, a suitable place for eating must be designated. “Suitable” means a designated place with facilities for consuming food and drinks.

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