Month: April 2016

How to Calculate Overtime If You Are Paid a Salary

How to Calculate Overtime If You Are Paid a Salary

If you are paid a salary, the regular rate for calculating overtime is determined as follows:

1. Multiply the monthly remuneration by 12 (months) to get the annual salary.

2. Divide the annual salary by 52 (weeks) to get the weekly salary.

3. Divide the weekly salary by the number of legal maximum regular hours (40) to get the regular hourly rate.

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 to Calculate Overtime If You Are Paid by Commission

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If you are paid by commission, either of the following methods may be used to determine the regular rate of pay for purposes of calculating overtime:

The commission rate is used as the regular rate and you are paid one and one-half this rate for production during the first four overtime hours in a workday, and double time for all hours worked beyond 12 in a workday, or

Divide your total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours. For each overtime hour worked you are entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time.

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

How Will You Learn of Your Rights to Paid Sick Leave From Your Employer?

How Will You Learn of Your Rights to Paid Sick Leave From Your Employer

In California, beginning January in 2015, employers are required by law to display a poster on known and clear place at the workplace your rights to paid sick leave.

The workplace posting must contain the following information:

• That an employee is entitled to accrue, request, and use paid sick days,
• The amount of sick days provided for and the terms of use of paid sick days,
• That retaliation or discrimination against an employee who requests paid sick days or uses paid sick days or both is prohibited, and
• That an employee has the right under this law to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against an employee

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 Cash Out My Unused Sick Days, Like I Can with Vacation and Paid Time Off?

Do I Have the Right to Cash Out My Unused Sick Days, Like I Can with Vacation and Paid Time Off

No, not unless your employer’s policy provides for a payout, you do not have a right to cash out your unused sick days, like you can with vacation and paid time off.

If you leave your job and get rehired by the same employer within 12 months, you can restore what you had accrued in paid sick leave, given it was not paid out pursuant to a paid time off policy at termination.

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

How Will I Know How Much Sick Leave I Have Accrued?

How Will I Know How Much Sick Leave I Have Accrued

In California, employers must show how many days of sick leave you as an employee have available on your pay stub, or on a document issued the same day as your paycheck.

If your employer provides unlimited paid sick leave or unlimited paid time off, the employer may indicate “unlimited” on your pay stub or other document provided to you the same day as your wages.

Your employer also must keep records showing how many paid sick day you earned and used for three years. This information may be stored on documents available to employees electronically.

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

When You Take a Paid Sick Leave, Will You Get Paid as You Normally Do?

When You Take a Paid Sick Leave, Will You Get Paid as You Normally Do

In California, the law requires that an employer provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken.

This does not prevent an employer from making the adjustment in the pay for the same payroll period in which the leave was taken, but it allows an employer to delay the adjustment until the next payroll.

For example, if you did not clock in for a shift and were not paid for it but used your paid sick leave, your employer would have to pay you not later than the following pay period and account for it in the wage stub for that following regular pay period.

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

What Can You Use Your Sick Leave For?

What Can You Use Your Sick Leave For

In California, you can take paid sick leave for yourself or a family member, for preventive care or diagnosis, care or treatment of an existing health condition, or for specified purposes if you are a victim of domestic violence, sexual assault or stalking.

Family members include the employee’s parent, child, spouse, registered domestic partner, grandparent, grandchild, and sibling.

Preventive care would include annual physicals or flu shots.

The employee may decide how much paid sick leave he or she wants to use. For example, whether you want to take an entire day, or only part of a day.

Your employer can require you to take a minimum of at least two hours of paid sick leave at a time, but otherwise the determination of how much time is needed is left to the employee.

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

How Do Employees Accrue Paid Sick Leave in California?

How Do Employees Accrue Paid Sick Leave in California

Accrual of paid sick leave is based on the number of hours an employee works

An employee accrues paid sick leave over time, with the accrued time carrying over in each year of employment terms.

Generally, employees under an accrual plan must earn at least one hour of paid sick leave for each 30 hours of work. Further, the schedule must result in an employee having at least 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment.

Although employees may accrue more than three days of paid sick leave under the one hour for every 30 hours worked under an accrual method, the law allows employers to limit an employee’s use of paid sick leave to 24 hours or three days during a year. The law also allows an employer to limit an employee’s total accrued paid sick leave to no more than 48 hours or six days.

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

How Do I Qualify for Paid Sick Leave in California?

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In California, to quality for sick leave, you must work for the same employer, on or after January 1, 2015, for at least 30 days within a year in California and satisfy a 90-day employment period before taking any sick leave.

If you work less than 30 days within a year for the same employer in California, then you are not entitled to paid sick leave in California.

All employees who work at least 30 days for the same employer within a year in California, including part-time and temporary employees, are covered by the paid sick leave aw.

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