Month: June 2016

My Employer is Open for Business on Every Holiday. Is This Against the Law?

My Employer is Open for Business on Every Holiday. Is This Against the Law

No, in California, there is nothing in state law that requires that an employer must close its business on any particular day, if at all.

It is up to your employer to select which days, if any, it chooses to be open and closed for business, and if your employer is open on a holiday and schedules you to work that day, there is nothing in the law that requires your employer to pay you anything but your regular pay and any overtime premium for all overtime hours worked.

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

Advertisements

How are Paid Holidays Calculated?

How are Paid Holidays Calculated.jpg

In California, hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week.

California law does not require that an employer provide its employees with paid holidays, that it close its business on any holiday, or that employees be given the day off for any particular holiday.

If an employer closes its business on holidays and gives its employees time off from work with pay, such policy or practice adopted by the employer are pursuant to the terms of a collective bargaining agreement, or pursuant to the terms of an employment agreement between the employer and employee.

Also, there is nothing in the law that requires an employer to pay an employee a special premium for work performed on a holiday, Saturday, or Sunday, other than the overtime premium required for work performed in excess of eight hours in a workday or 40 hours 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/

What Can I Do if My Employer Retaliates Against Me Because I Asked Him Why We Don’t Get a Meal Period?

What Can I Do if My Employer Retaliates Against Me Because I Asked Him Why We Don’t Get a Meal Period

If your employer discriminates or retaliates against you in any manner whatsoever, for example, he fired you because you ask about not getting a meal period, object to what you believe to be an illegal practice, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination and/or retaliation complaint with the Labor Commissioner’s Office.

You can also file a lawsuit in court against your employer.

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 Require Me to Stay on Premises During My Meal Period?

Can My Employer Require Me to Stay on Premises During My Meal Period

Yes, your employer can require that you remain on the premises during your meal period, even if you are relieved of all work duties.

However if this occurs, you are being denied your time for your own purposes and your remain under the employer’s control and thus, the meal period must be paid.

Also, keep in mind that there are minor exceptions to this general rule for healthcare workers. According to Industrial Welfare Commission Wage Orders, if you are required to eat on the premises, a suitable place for that purpose must be designated.

“Suitable” means a sheltered place with facilities available for having hot food and drink or for heating food or drink, and for consuming such food and drink.

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

If You Regularly Work an 8-Hour Shift and Your Employer Doesn’t Provide You with a Meal Period…

If You Regularly Work an 8-Hour Shift and Your Employer Doesn’t Provide You with a Meal Period

If you regularly work an eight-hour shift and your employer doesn’t provide you with a meal period, you can either file a wage claim with the Division of Labor Standards Enforcement 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 compensation for each workday that the meal 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/

Am I Allowed to Work Through My Meal Period so That I Can Leave 30 Minutes Early?

Am I Allowed to Work Through My Meal Period so That I Can Leave 30 Minutes Early

No, working through your meal period does not entitle you to leave work early prior to your scheduled quitting time.

In California, in order for an “on duty” meal period to be allowed under California law, the nature of the work must actually prevent the employee from being relieved of all duty, and there must be a written agreement that an on-the-job paid meal period is agreed to.

Also the written agreement must state that the employee may, in writing, revoke the agreement at any time.

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

My Employer is Not Allowing me to Take a Meal Period. What Can I Do?

My Employer is Not Allowing me to Take a Meal Period. What Can I Do?

In California, if your employer is not allowing you to take a meal period, you may have protected by the meal period requirements of the law.

If your employer fails to give you the required meal period, you are to be paid one hour of pay at your regular rate of compensation for each workday that the meal period is not provided.

If your employer fails to pay the additional one-hour’s pay, you may file a wage claim with the Division of Labor Standards Enforcement.

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

What Are the Requirements for When Any Required Meal Period Must Be Provided?

What Are the Requirements for When Any Required Meal Period Must Be Provided?

In California, in general, when an employee works for a work period of more than 5 hours, a meal period must be provided no later than the end of the employee’s 5th hour of work. In other words, no later than the start of the employee’s 6th hour of work.

When an employee works for a period of more than 10 hours, a second meal period must be provided no later than the end of the employee’s 10th hour of work. In other words, no later than the start of the employee’s 11th hour of work.

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