Month: October 2016

National Origin Discrimination: Protection for Employees

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The Civil Rights Act of 1964 (Title VII) and the Immigration Reform and Control Act of 1986 (IRCA) prohibit discrimination on the basis of national origin.

IRCA also prohibits discrimination on the basis of citizenship. Under Title VII, it is unlawful for an employer to take negative or “adverse” action against an applicant or employee on the basis of the individual’s place of birth, cultural heritage, accent, or native language. Further, harassment based on an individual’s national origin is also prohibited.

Employers must take steps to ensure that this type of discrimination does not occur in the workplace and must respond immediately and effectively if it should occur. English-only policies are permitted if instituted in compliance with the law.

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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Employee Protection for Military Service

employee-protection-for-military-service

With the increased use of reserve and National Guard troops in full-time military service, employers must frequently deal with the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 when those employees are called to active services and when they return.

USERRA protects and governs the leave and reinstatement requirements for military personnel. The law contains specific requirements for protected leave, rules for benefits employees are entitled to during military leave, and the requirements for reinstatement back in the civilian workforce.

Are you a military personnel?

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

Maternity and Pregnancy Protection for Employees

maternity-and-pregnancy-protection-for-employees

The Pregnancy Discrimination Act (PDA) protects a pregnant employee from discriminatory actions that are based on her pregnant status.

This law only applies to employers with 15 or more employees. Also, the Family and Medical Leave Act (FMLA) protects the leave rights of pregnant employees and applies if there are 50 or more employees in the workplace. Further, some pregnant employees may be eligible for protection under the Americans with Disabilities Act (ADA).

Healthcare insurance and other provisions apply to the pregnant employee as they do to any other employee with a temporary disability. Also, some employers have also begun to allow leave rights to domestic partners who adopt children.

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

Leave of Absence: Employee’s Right to Leave for Personal Reasons

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Leave of absence laws give employees the right to leave for a variety of reasons, including personal or family illness, pregnancy, military service, family military leave, and other personal reasons.

A leave of absence of between 12 and 26 weeks must be given to qualifying employees under the federal Family and Medical Leave Act (FMLA).

The medical leave act requires covered employers to allow leave to eligible employees for their own serious health conditions, to care for a covered family member with a serious health condition, and for family military leave for a qualifying emergency or to care for a seriously injured or ill person or veteran. The family leave provisions also require covered employers to allow leave to eligible employees after the birth, adoption or foster care placement of a child, to bond with the child.

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

Closings and Layoffs: Required Notifications for Layoffs

Asian Office Worker Leaving His Job in Layoff for Recession.

The Worker Adjustment and Retraining Notification Act (WARN Act) gives protection to workers and their families by requiring employers to provide advance notification of plant closings and mass layoffs.

Notice is made to provide workers and their families some transition time to adjust to the prospective loss of employment, to look for alternative jobs and, if necessary, to enter skill training or retraining that will allow these workers to successfully compete in the job market.

Not all plant closings and layoffs are subject to the Act, and certain points must be met before the Act applies. WARN Act violations can be expensive and can be assessed against employers that violate the Act.

There is a lot of issues that employers must consider in connection with layoffs, such as the possibility of discrimination suits, the notice requirements for and the cost of healthcare continuation coverage, and whether to provide outplacement services and severance pay.

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

What is an Employer’s Duty in Regards to Employee’s Jury Duty?

what-is-an-employers-duty-in-regards-to-employees-jury-duty

Most employers believe that an employee has a civic responsibility to serve when called as a juror or witness, and many states prohibit discrimination against employees who serve as a juror or witness.

Although most employers pay employees on leave for jury service, the federal Fair Labor Standards Act (FLSA) does not require employers to pay nonexempt salaried employees or hourly employees while on leave for jury service.

However, employers must pay full salaries to exempt employees who are absent from work for less than 1 week to perform jury service.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

What are Bonus Payments?

Bundle of dollars tied with ribbon isolated on white

Many employers offer their employees various types of bonuses — including performance awards, gain-sharing systems, and profit sharing.

While bonuses are generally used to reward performance, awards are not directly tied to job performance and are usually offered for perfect attendance, for providing new hire referrals, to recognize an outstanding employee, to motivate employees to work safely, or to reward employee suggestions.

Keep in mind that there are various legal and tax considerations for employers giving awards and bonuses to their employees. Promised bonuses may be construed as contracts by the courts, while the Fair Labor Standards Act (FLSA) requires employers to count non-discretionary bonuses in an employee’s regular rate of pay for the purpose of calculating overtime.

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

What is the Necessary Hours of Work?

what-is-the-necessary-hours-of-work

The federal Fair Labor Standards Act (FLSA) requires that employers pay employees a minimum wage for all hours worked and an overtime wage for hours worked over 40 in a week.

In general, hours worked for purposes of the FLSA includes all time that employees spend performing activities on their employers’ behalf. Hours worked also includes waiting time, travel time, other than time spent commuting to and from the employee’s regular place of work, breaks or meal periods that are less than 20 minutes long, and time the employee is required to spend in training, at seminars or in meetings.

Hours worked for purposes of the FLSA do NOT include waiting time, time spent on call or time when an employee is required to carry a cell phone. The FLSA does not obligate employers to pay employees for holidays, vacation or sick days.

The FLSA requires that employers keep accurate records of hours worked and wages paid. The statute does not limit the number of hours employees may work in a week, except in the case of minors under the age of 16. In addition, individual states may have laws that regulate the payment of wages and overtime, the hours worked by minors, and what constitutes paid work time.

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

What is Necessary in Fair Employee Hiring?

Concept Vector Graphic- Hiring(selecting) The Best Job Candidate

Good hiring practices can eliminate many legal risks, reduce costs, increase productivity, and improve morale.

On the other hand, making a bad hiring decision can result in turnover, duplicative training, missed opportunities, and lost customers. Also, hiring an individual who is not a good match for a position or good fit in a company eventually leads to employment termination.

Every termination exposes the organization to the risk of a wrongful termination lawsuit or a discrimination claim. That’s why it’s necessary to make sure you are hiring fairly to avoid these mistakes.

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