Month: February 2017

Sexual Harassment in the Workplace is a Serious Offense

business woman man couple sexual harassment silhouette

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 rank-and-file 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. There are two categories of sexual harassment: quid pro quo and hostile environment.

We will touch about what these are in our next post.

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 is Your Right to Reinstatement After Family and Medical Leave?

what-is-your-right-to-reinstatement-after-family-and-medical-leave

When you grant an employee’s family and medical leave request you must guarantee to reinstate the employee to the same or a comparable position.

Only under very limited circumstances can you refuse to honor the reinstatement guarantee.

Employment in a “comparable position” means employment in a position virtually identical to the employee’s original position in terms of pay, benefits and working conditions, including privileges, fringe benefits and status. It must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility and authority. It must be performed at the same or a geographically close worksite from where the employee previously was employed. It ordinarily means the same shift or the same or an equivalent work schedule.

Though an employee has the right to return to the position held before taking a family/medical leave, this right is not absolute.

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

Who is Eligible for California Family and Medical Leave?

who-is-eligible-for-california-family-and-medical-leave

Who is eligible for California family and medical leave we touched about in our last post?

An employee must have worked for a covered employer for at least 12 months and must have worked for 1,250 hours in the 12 months before the start of the leave.

The employee must also work at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.

An employee may take up to 12 workweeks of family/medical leave in a 12-month period. He/she may take all 12 weeks at once, or may take leave in shorter increments of hours, days or weeks.

An employee may take up to 26 weeks per 12-month period to care for an ill or injured service member under the FMLA.

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

Family and Medical Leave in California

family-and-medical-leave-in-california

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) – which is only applicable to employers with 50 or more employees – contain laws related to employee rights and employer obligations regarding California family leave.

The FMLA and CFRA both require covered employers to provide time off for personal illness, to attend to the illness of a family member and in connection with the birth or adoption of a child.

Federal and California family and medical leave laws provide eligible employees with the equivalent of up to 12 weeks per year for:

– Bonding with a newborn, adopted child, or child placed for foster care
– Caring for a family member with a serious health condition
– The employee’s own serious health condition
– A qualifying exigency relating to a close family member’s military service (FMLA only)

According to the federal Family and Medical Leave Act, eligible employees can get up to 26 weeks per 12-month period to care for an ill or injured service member (FMLA only).

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

Consequences for Failing to Provide Meal and Rest Breaks in California

consequences-for-failing-to-provide-meal-and-rest-breaks-in-california

California employers face costly consequences for violating work break laws.

For each workday that you fail to provide an employee a meal period, as required, you owe the employee one additional hour of pay at the employee’s regular rate. The additional hour of pay is a wage owed to the employee. This allows employees up to three years to claim unpaid wages.

If either rest break is not given or is interrupted, you owe the employee one hour of pay, which you must include in the next paycheck.

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

On-Duty Meal Break Requirements in California

on-duty-meal-break-requirements-in-california

Employees can take on-duty meal periods only in certain limited circumstances. An on-duty meal break must meet all of the following conditions:

– Is permitted only when the nature of the work prevents an employee from being relieved of all duty.
– Must be agreed to in writing by you and the employee.
– Must be paid.
– Can be revoked at any time in writing by the employee, except under Wage Order 14 (Agricultural Occupations).
– Employers take note: Use caution and consult with legal counsel before authorizing on-duty meal breaks.
– On-duty meal periods have been upheld only in very limited circumstances.

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

Second 30-Minute Meal Break Requirements in California

second-30-minute-meal-break-requirements-in-california

In California, employers must provide a second meal break of no fewer than 30 minutes for all workdays on which an employee works more than 10 hours. The second meal break must be provided no later than the end of an employee’s 10th hour of work.

An employee can waive the second meal period only if all of the following conditions are met:

– The total hours worked on that workday are not more than 12.
– You and the employee mutually consent.
– The first meal break of the workday was not waived.

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

Meal Break Obligations In California

meal-break-obligations-in-california

In California, you cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee’s fifth hour of work.

The employer satisfies its legal obligation to provide an off duty meal period to its employees if it:

– Relieves its employees of all duty.
– Relinquishes control over their activities.
– Permits them a reasonable opportunity to take an uninterrupted, 30-minute break.
– Does not impede or discourage them from doing so.
– A meal break can be unpaid only if all of the above conditions are met.

When a work period of not more than six hours will complete the day’s work, the meal period may be waived by mutual consent of the employer and the employee.

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