Month: June 2015

Final Paycheck for Departing Employees

Final Paycheck for Departing Employees

California law requires employers to give departing employees their final paychecks in fairly short order.

These time limits vary depending on whether the employee quit or was fired. If the employee is fired, the employer is required to give the employer his or her final paycheck immediately. If the employee quits, then within 72 hours, or immediately if employee has given at least 72 hours’ notice (Cal. Lab. Code §§ 201, 202, and 227.3.)

Many employers break these laws. They assume that paying the employee on the usual payroll schedule is sufficient. But violating these laws can be costly. If an employer fails to pay a departing employee within the time limits, the employer may have to pay additional penalties, interest, and any attorneys’ fees and legal costs the employee spends in forcing the employer to comply.

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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Unused Vacation: What Are Your Rights?

Unused Vacation What Are Your Rights

If you have accrued vacation days that you haven’t yet used when you quit or are fired, you may be entitled to be paid for that time.

In California, your final paycheck must include payment for all of your accrued vacation time (though not sick time). Even in states that don’t require the company to pay out vacation time in every case, an employer may have to cash out unused vacation if it has a policy or practice of doing so.

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

Taking Time Off to Vote – California Requires Employers to Let Employees Take Time off to Vote

Taking Time Off to Vote

California law (Cal. Elec. Code 14000) requires employers to allow employees to take time off work to vote or participate in jury duty.

Employers are prohibited from disciplining or firing an employee who takes time off work to vote.

Time off work for voting: Up to 2 hours at beginning or end of shift, whichever gives employee most time to vote and takes least time off work.

Time off not required if: Employee has sufficient time to vote during non-work time.

Time off is paid: Yes (up to 2 hours).

Employee must request leave in advance: 2 working days before election.

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

Am I Entitled to Overtime Pay?

Am I Entitled to Overtime Pay

To find out whether you are entitled to overtime pay, there are a few things to check. First, check whether your employer is covered by the federal Fair Labor Standards Act (FLSA) and/or your state’s wage and hour law. The coverage of these laws is so broad, so it’s very likely that your employer must comply with them.

The next step is to see whether you are considered an “exempt” or a “nonexempt” employee under these laws. If you are exempt, then you are not entitled to overtime pay; if you are nonexempt, then you are entitled to overtime pay.

If you routinely exercise discretion, supervise other employees, and/or make high-level decisions, you may be an exempt employee who is not entitled to overtime pay. To qualify as an “administrative, executive, or professional” employee exempt from overtime under the law, you must be paid on a salary basis (at least $455 per week) and spend most of your time performing duties that require you to use your own discretion and independent judgment.

Workers who do certain types of jobs are not entitled to overtime. Some of the more common jobs that aren’t eligible for overtime are:
– independent contractors
– volunteers
– outside salespeople (that is, employees who customarily and regularly work away from the employer’s business)
– certain computer specialists (such as systems analysts, programmers, and software engineers) who earn at least $27.63 per hour
– employees of seasonal amusement or recreational businesses, such as ski resorts or county fairs
– newspaper deliverers
– employees who work on small farms, and
– casual domestic baby sitters and people who provide companionship to those who are unable to care for themselves (but this exception does not include those who provide nursing care, or to personal and home care aides who perform a variety of domestic services).

If you do not supervise others or make important decisions for your company, and you don’t work in a field that’s ineligible for overtime, then you are probably entitled to overtime pay if you work more than 40 hours in a week, or more than 8 hours a day.

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

Unused Vacation: What Are Your Rights?

Unused Vacation What Are Your Rights

If you have accrued vacation days that you haven’t yet used when you quit or are fired, you may be entitled to be paid for that time.

In California, your final paycheck must include payment for all of your accrued vacation time (though not sick time). Even in states that don’t require the company to pay out vacation time in every case, an employer may have to cash out unused vacation if it has a policy or practice of doing so.

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

Not All Workers are Entitled to the Minimum Wage – Part II

Not All Workers are Entitled to the Minimum Wage  2

Not All Workers are Entitled to the Minimum Wage – Part II

The following are part of a class of workers who are not entitled to the minimum wage:

Casual babysitters – People who baby sit every once in a while (on an as-needed basis) are not entitled to the minimum wage.

Young workers – If you are younger than 20, the minimum wage rules are different. Your employer can pay you less than the minimum wage for your first 90 days on the job. After that, however, you are entitled to the minimum wage regardless of your age (unless, of course, you fall into one of the other exemptions).

Seasonal and recreational workers – If you work for an establishment that is seasonal and recreational, then you may be exempt from the minimum wage. This exemption applies to places such as amusement parks that operate only during summer months.

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

Not All Workers are Entitled to the Minimum Wage – Part I

Not All Workers are Entitled to the Minimum Wage 1

If you are an independent contractor as opposed to an employee, then you are not covered by minimum wage laws. Independent contractors are not entitled to the minimum wage because, even though they do work for a company, they are not legally considered employees of that company.

Independent contractors, such as consultants and freelancers, work for hire. The question of whether someone is an independent contractor can be quite technical, and employers sometimes get it wrong (usually by classifying workers as independent contractors when they are really employees).

Also, certain categories of employees – such as farm workers and professional workers – do not fall within the minimum wage laws.

Finally, there are special rules for workers who earn tips, for young workers, and for student workers.

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

How Overtime Is Calculated

How Overtime Is Calculated

If you have worked overtime hours, you are entitled to the overtime premium for those extra hours.

To determine the overtime premium, you must calculate your regular rate of pay. This includes all compensation you receive for your employment, such as wages, commissions, performance-based bonuses and prizes, and shift differentials.

Your regular rate of pay does not include money or items you receive that aren’t intended as part of your compensation, such as expense reimbursements, gifts from your employer (such as a holiday bonus), or the value of employee perks, such as a parking space.

Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

– 1.5 times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and

– 2 times the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

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

Do I have the right to take time off when I have a baby — and is that time paid?

Do I have the right to take time off when I have a baby

If you are an employee and having a baby, you may have the right to take leave under your employer’s policies, state law, or the federal Family and Medical Leave Act (FMLA).

For example, if your employer provides time off for parenting or pregnancy, you may use that leave if you are eligible. Even if your employer doesn’t provide pregnancy leave, you may be entitled to take time off during the time you are unable to work due to pregnancy if your employer provides leave for other temporary disabilities.

The FMLA requires employers of 50 or more employees to give covered employees up to 12 weeks of leave per year to care for a new child. FMLA leave is unpaid, but you may use your accrued paid leave during FMLA leave, as long as you meet the requirements imposed by your employer. You may also file and qualify for disability pay and collect disability income while you are on pregnancy leave.

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