Month: March 2016

What Can I Do If My Employer Doesn’t Allow Me to Take a Rest Break?

What Can I Do If My Employer Doesn’t Allow Me to Take a Rest Break

If your employer doesn’t allow you to take a rest break, you can either file a wage claim with the California Labor Commissioner’s office with the help of an employment lawyer, or you can file a lawsuit in court against your employer to recover the premium of one additional hour of pay at your regular rate of pay (how much you typically get paid) for each workday that the employer didn’t allow you to take a rest break.

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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How much Rest Period am I Entitled to During a Break?

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In California, employers must allow a total of 10-minute paid rest period for every four hours worked.

As much as it is practicable, the rest period should be in the middle of the work period. If an employer does not allow a rest period, the employer should 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.

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

What Rights Do I Have as Mom Breastfeeding a Child at Work?

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Every employer has to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child.

The break time should, if possible, run at the same time with any break time already provided to the employee. Break time for an employee that does not run at the same time with the rest time allowed for the employee by relevant law as need not be paid.

The employer has to make reasonable efforts to provide the employee with the use of a room or other location, close to the employee’s work area, for the employee to express milk in private.

The room or location may include the place where the employee normally works. Also, an employer does not have to provide an employee break time for purposes of lactating if it would seriously disrupt the operations of the employer. Labor Code Section 1030.

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

What Happens to My Earned and Accrued but Unused Vacation if I’m Discharged or Quit my Job?

What Happened to My Earned and Accrued but Unused Vacation if I’m Discharged or Quit my Job

Under California law, unless otherwise agreed by in a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, such as termination or quitting, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. This law is according to Labor Code Section 227.3.

Because paid vacation benefits are considered wages, such pay must be included in the employee’s final paycheck.

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

Can My Employer Tell Me When to Take My Vacation?

Can My Employer Tell Me When to Take My Vacation

Yes, in California, your employer has the right to manage its vacation pay responsibilities, and one of the ways it can do this is by controlling when vacation can be taken and the amount of vacation that may be taken at any particular time.

Also, your employer has the right to manage its vacation pay responsibilities, and one of the ways it can do this is by paying you off each year for vacation that you earned and accrued that year, but did not take.

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

Can My Employer Deduct Anything from my Paycheck if I Come to Work Late?

Can My Employer Deduct Anything from my Paycheck if I Come to Work Late

Yes, in California, your employer can deduct money from your paycheck for coming to work late.

However, according to Labor Code Section 2928, the deduction that your employer takes from your paycheck cannot exceed the proportionate wage that would have been earned during the time actually lost, but for a loss of time less than 30 minutes, a half hour’s wage may be deducted.

For example, if you earn $12.00 per hour and come to work 40 minutes late, your employer can deduct $8.00 from your paycheck. And if you come to work five minutes late, your employer can deduct $6.00.

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

What Can My Employer Lawfully Deduct from My Wages?

What Can my Employer Lawfully Deduct from my Wages

Under California law, an employer can lawfully deduct the following from an employee’s wages:

Deductions that are required of the employer by federal or state law, such as income taxes or garnishments.

Deductions expressly allowed in writing by the employee to cover insurance premiums, hospital or medical dues or other deductions not amounting to a rebate or deduction from the wage paid to the employee.

Deductions allowed by a collective bargaining or wage agreement, specifically to cover health and welfare or pension payments.

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

What are some Common Work Deductions that are Not Allowed by Employers?

What are some Common Work Deductions that are Not Allowed by Employers

Some common payroll deductions often made by employers that are unlawful include:

Gratuities – An employer cannot collect, take, or receive any gratuity or part thereof given or left for an employee, or deduct any amount from wages due an employee on account of a gratuity given or left for an employee. Labor Code Section 351. However, a restaurant may have a policy allowing for tip pooling/sharing among employees who provide direct table service to customers.

Photographs – If an employer requires a photograph of an applicant or employee, the employer must pay the cost of the photograph.Labor Code Section 401

Uniforms – If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. Labor Code Section 2802. The term “uniform” includes wearing apparel and accessories of distinctive design and color.

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

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