Month: May 2015

Wage Statement Violations Employees Should Know

Wage Statement Violations Employees Should Know

California law requires employers to provide certain information to employees with their paychecks, including your hourly rate, hours worked, total pay, deductions, and so on. Typically, this information is set out on the employee’s pay stub.

Section 226(a) sets out the required types of information that must be provided either semi-monthly or at the time of each payment of wages. Generally, they are:
– Gross wages earned;
– Total hours worked;
– All deductions;
– Net wages earned;
– The inclusive dates of the period for which the employee is paid;
– The name of the employee and the last four digits of his or her Social Security number (or employee identification number);
– The name and address of the legal entity that is the employer; and
– All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee.

If your employer failed to provide this information to you, or provided inaccurate information (for example, if you weren’t paid for all hours worked), you will be eligible for penalties. Your employer must pay $50 for the first violation, and $100 for each subsequent violation, up to a maximum penalty of $4,000.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

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Penalties for Missed Meal and Rest Breaks

penalties for missed meal and rest breaks
California law requires employers to give employees a paid ten-minute rest break for every four hours worked. In addition, employees are entitled to an unpaid 30-minute meal break once they work five hours. An employee who works more than ten hours is entitled to a second unpaid 30-minute meal break.

To comply with these rules, employers must do everything possible to communicate the legal requirements of California’s employee break laws to nonexempt workers and provide them opportunities to take meal and rest breaks.

The employer satisfies its legal obligation to provide an off duty meal period to its employees if it:
– Relieves its employees of all duty.
– Relinquishes control over their activities.
– Permits them a reasonable opportunity to take an uninterrupted, 30-minute break.
– Does not impede or discourage them from doing so.

Under California law, employers owe a penalty of one hour of pay at the employee is regular rate for every workday in which a meal break is not provided. The same rule applies to rest breaks.

For example, if you work an eight-hour shift, and your employer fails to provide you with meal and rest breaks, you can collect two hours of pay ñ one hour for the missed meal period and one hour for the missed rest breaks.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Penalties for Minimum Wage Violations to Include Waiting Time Penalties

minimum wage

Labor Code section 1197.1 previously named various penalties against employers who fail to pay the legally required minimum wage. Specifically, it allowed employees to receive a civil penalty, restitution of wages, and liquidated damages.

A new law amends Labor Code section 1197.1 to allow waiting time penalties if an employer fails to timely pay wages of a resigned or discharged employee.

In other words, if your paycheck is late or does not include all of the wages or vacation you are owed, you may be entitled to waiting time penalties. For every day your employer is late, you are entitled to a full day of wages at your regular rate, up to a maximum of 30 days. For example, if you typically earn $70 per day, and your employer is ten days late with your check, you can collect $700 in waiting time penalties.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

The Child Labor Protection Act

Businesspeople conducting job interview isolated on white background

Known as the Child Labor Protection Act of 2014, a new law enacts new Labor Code section to provide additional remedies for violations of California’s laws regarding employment of minors (Labor Code Section 1311.5).

For instance, the statute of limitations for claims related to the employment of minors is tolled until the individual allegedly affected by the unlawful employment practice reaches 18 years old. The bill specifies that this law applies retroactively.

This new law also allows individuals who are discriminated or retaliated against because they filed a claim alleging a child labor violation to receive treble damages in addition to any other legal remedies.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Employer And Contractor May Not Retaliate Against Worker

retaliate

A worker who believes he or she has not been properly paid or has suffered an injury without the benefit of a workers’ compensation policy may pursue an administrative claim or civil action against the client employer, labor contractor, or both.

As a precondition to bringing a civil action, the worker must provide notice to the employer of the alleged violation 30 days before filing the civil action. However, if the worker pursues an administrative claim, no prior notice to the client employer is required.

Like most laws establishing employee protections, retaliation against those seeking to enforce the law is prohibited. Neither the employer nor the labor contractor may take any adverse action against any worker for providing notification of violations or filing a claim or civil action.

The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Employers Will No Longer Be Able to Use Contractors As A Way of Avoiding Liability

contractor

Employers have many reasons for using contractors, staffing companies, and temp agencies to provide labor. However, a new California which was enacted into law on September 2014 and effective as of January 1, 2015, amended the California Labor Code section 2810 by creating a new Labor Code section 2810.3 that reads:

“A client employer shall share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for both of the following: 1) The payment of wages, and 2) Failure to secure valid workers’ compensation coverage.”

In other words, this new law forces employers to share liability for the wage and workers’ compensation violations of their labor contractor. This new law provides that in every instance of an employer’s use of labor contractors, the client employer will be held jointly liable for wage and workers’ compensation violation.

Therefore, client employers will no longer be able to use labor contractors as a way of avoiding liability. The law makes it clear that its protection are a mater of public policy and therefore cannot be waived by workers. Nor may the employer shift by contract its legal duties and liabilities to the labor contractor.

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.

Have you or anyone you know missed your meal, rest, or recovery periods? 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.

Rest and Recovery Periods Count as Hours Worked

rest break

Labor Code section 226.7 prohibits employers from requiring employees to work during any meal, rest, or recovery period, and to pay an additional hour of pay at the employee’s regular rate of pay for each workday a meal, rest, or recovery period is missed.

Responding to concerns that employers were not sure if rest or recovery periods needed to be paid, a new law amends section 226.7 to specify that rest or recovery periods required under California law should be counted as hours worked for which there should be no deduction from wages. This law was declarative of existing law and therefore is immediately effective and applies retroactively.

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.

Have you or anyone you know missed your meal, rest, or recovery periods? 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.

Duty of Employer to Third Parties

tort

An employer is liable for any torts committed by employees acting within the scope of their employment. Under certain circumstances, employers have a legal duty to protect strangers from injuries caused by their employees even when the employees are off-site and are clearly not acting within the scope of their employment.

For example, the Texas Supreme Court ruled that an employer was potentially liable for an automobile accident in which an intoxicated employee sent home by his supervisor killed someone while driving home. The Tennessee Court of Appeals reached the opposite result in a case with similar facts. An employer may also be responsible for the safe passage home of an employee who is not intoxicated but is tired from working too many consecutive hours.

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.

California Employers With 50+ Employees Required to Provide Training About Harassment

sexual harassment

California employers with more than fifty employees are required to provide at least two hours of sexual harassment training for supervisors located in California. Under Government Code section 12950.1, employers must provide this training within six months of an employees assumption of a supervisory position, and once every two years thereafter.

This law requires harassment training to also include the prevention of “abusive conduct” Government code defines abusive conduct as conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employers legitimate business interest.” It further specifies that such abusive conduct “may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.

However, this law specifies that a single conduct does not “constitute abusive conduct, unless specially severe and egregious.”

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 harassed, discriminated or retaliated at work? 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.