Month: January 2017

Meal & Rest Break​s In California

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Complying with meal and rest break continues to be the source of a great deal of litigation for California employers. Understanding California’s meal and rest breaks requirements is extremely important.

To comply with meal and rest break rules, employers must do everything possible to communicate the legal requirements of California’s employee break laws to nonexempt workers and provide them opportunities to take meal and rest breaks.

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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What Constitutes Sexual Harassment in the Workplace?

Man touching shoulder of uncomfortable woman co-worker

Sexual harassment can include all types of conducts, such as asking for sexual favors, sexual touching, offensive language or posters.

Generally, the conduct must be so frequent or severe that it creates a hostile or offensive working environment or results in an adverse employment decision (such as a firing).

Sexual harassment law covers the actions of supervisors, coworkers, customers and vendors. Depending on the actions, or inaction, of you and your employees, you may be held liable.

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

​​Sexual Harassment in the Workplace

sexual harassment

Sexual harassment in the workplace has become a serious area of concern. Your liability as an employer may be extended to acts committed by supervisors and even lower-leveled employees.

Therefore, it is essential that you understand what constitutes sexual harassment, under both California and federal law, and take steps to prevent or stop it.

Sexual harassment is unwelcome sexual physical or verbal conduct in the workplace.

Sexual harassment is illegal under the California Fair Employment and Housing Act. Sexual harassment protections extend to applicants, employees, unpaid interns, professional relationships and independent contractors.

Under Federal law, Title VII of the Civil Right Act of 1964. Title VII covers employers who employ, or have employed, 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year.

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

What is Termination with Discharge?

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In general, employment is considered to be at will, which means either the employee or the employer may terminate the employment relationship at any time and for any reason. However, there are some major limits to the at-will rule.

If there is an employment contract, either express or implied, that limits the employer’s right to terminate employment, the employer must comply with the requirements of the contract.

Contracts may include collective bargaining agreements, individual employment agreements, and employee handbooks.

Also, there are state and federal laws that limit an employer’s right to terminate an employee where the reason for the termination is discriminatory or in retaliation for the employee exercising particular rights.

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

What is Sexual Harassment?

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Harassment in the workplace is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964 and the laws in many states.

Employers can be held liable for harassment by supervisors, coworkers, and non-employees such as customers or vendors.

Also, most states have laws prohibiting sexual harassment in the workplace. Some states, including California, require sexual harassment training for supervisors.

Employees can have a case of sexual harassment if they have been violated by a co-worker, supervisor, or even clients and vendors.

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

What is Sex Discrimination?

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Federal fair employment laws prohibit employment practices that discriminate on the basis of sex.

The law prohibits sex-based discrimination in hiring, advancement, or any other terms or conditions of employment. Sex discrimination includes discrimination based on maternity and pregnancy; and sexual harassment is considered a form of sex discrimination.

The Equal Employment Opportunity Commission has ruled that discrimination based on gender identity is also sex discrimination.

Employers can avoid sex discrimination claims by becoming aware of the risks, developing strong policies against discrimination, training employees, and responding in a timely and effective manner when complaints are made.

Employees can have a case of sex discrimination if they have been discriminated or treated unfairly because of their sex.

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

Is There Such a Thing as Vacation Requirements for Employees?

Businessman Dreaming about Vacation. Lazy Businessman. Sleeping

Although there is no federal law that entitles private sector employees to paid or unpaid vacation, most employers do give employees a paid vacation, and most employees consider it to be one of their most important benefits.

There is a growing body of state law that does govern how employers administer vacation time, including whether and how much employees must be paid at termination for accrued but unused vacation.

Employers must know their own state laws in order to develop a comprehensive policy covering eligibility, accrual, carryover, forfeiture, administration, pay upon termination, and integration of vacation policy with other state laws, and to ensure strict compliance and consistency of administration. The policy should be communicated to employees at the time they begin work (in a number of states, this is required).

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

Time Keeping Requirements at Work

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The federal Fair Labor Standards Act (FLSA) and the laws in most states require that employers keep accurate records of hours worked and wages paid to nonexempt employees.

Records of hours worked can be tracked using a variety of methods, including handwritten time cards, time clocks, or Web clocks, or through the use of terminals that can read barcodes on badges, fingerprints and handprints, magnetic strips on badges, or information typed into a keypad.

There are even ways to clock in from a mobile phone for employees telecommuting or traveling. Any one of these methods is fine as long as accurate records are kept.

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

Termination with Discharge: Limitations to Termination

termination-with-discharge

In general, employment is considered to be at will, which means either the employee or the employer may terminate the employment relationship at any time and for any reason.

However, there are some limits to the at-will rule. If there is an employment contract, either express or implied, that limits the employer’s right to terminate employment, the employer must comply with the requirements of the contract.

Contracts may include collective bargaining agreements, individual employment agreements, and employee handbooks.

In addition, there are state and federal laws that limit an employer’s right to terminate an employee where the reason for the termination is discriminatory or in retaliation for the employee exercising particular rights. There are also laws that apply to a group layoff situation and that govern final paychecks and the continuation of health insurance upon the termination of employment.

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