Month: March 2017

Who Are Eligible Employees Get for Family and Medical Leave?

Who Are Eligible Employees Get for Family and Medical Leave

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).

Family and medical leave laws also prohibit retaliation or discrimination against an employee for exercising rights under FMLA or CFRA or for giving information or testimony about alleged violations of California or federal family and medical leave laws.

The most common mistake is failing to grant family and medical leave as required by federal and state law.

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/

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Family and Medical Leave: FMLA and CFRA – Part II

Family and Medical Leave 2

Though this sounds simple, FMLA leave act and CFRA issues are among the most litigated of all employment law cases and can result in large liabilities. 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)

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: FMLA and CFRA – Part I

Family and Medical Leave - FMLA and CFRA

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) – applicable to employers with 50 or more employees – contain overlapping and sometimes conflicting 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.

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

Counting and R‚Äčecording Hours of Work: Travel Time

Counting and Recording Hours of Work

A variety of California & Federal laws govern your counting and recording of employees’ working hours and compensation. Under certain circumstances “working hours” may include such activities as travel time and education and training time.

Under certain circumstances, you may be required to pay your employees for their travel time.

Generally speaking, if you require employees to attend lectures, work courses, employer-sponsored training programs, or employee meetings, you must count that time as hours worked for pay purposes.

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

How to Calculate the Regular Rate of Pay in California?

Counting money

When calculating overtime pay in California, you must use the employee’s “regular rate” of pay, not the normal hourly amount.

The regular rate is not simply an employee’s normal hourly amount. The regular rate is a term used to mean the employee’s actual rate of pay once all hourly earnings plus many other types of compensation are considered.

The regular rate must include nearly all forms of pay received by that employee.

Only hours worked at straight-time apply to the weekly 40-hour limit. This prevents “pyramiding” of overtime, where an employee earns overtime on top of overtime already paid.

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

How to Avoid Wrongful Termination Suits

How to Avoid Wrongful Termination Suits

No procedure guarantees you freedom from exposure to wrongful discharge liability or, even in the absence of liability, prevention of the filing of a wrongful discharge action by an employee.

Your best defense against such claims is an ongoing, proactive approach that includes well articulated personnel policies and procedures that are consistent with California and federal labor law, and the fair and consistent application of those policies and procedures.

Avoiding a wrongful termination lawsuit begins long before you actually terminate an employee. An error or miscommunication in any part of the employment process, from job applications to interviews to employee handbooks to performance reviews, can open you up to a wrongful termination lawsuit. You must take early action to protect yourself against legal action.

Both state and federal laws prohibit you from terminating employees based on certain characteristics. The fact is that everyone is protected in some way, so it is important to base your decisions to terminate on clearly defensible reasons.

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

The Duty to Prevent Sexual Harassment

STOP right there woman with hand up

California employers of 50 or more employees, including those outside California, are required to provide supervisors within the state of California with two hours of sexual harassment training every two years. Training must include a component on the prevention of abusive conduct.

California employers have an affirmative duty to take reasonable steps to prevent harassment in the workplace and to promptly correct harassment if it does occur.

As part of this duty, California employers must have a written harassment, discrimination and retaliation prevention policy that is distributed to employees. The policy must meet certain strict requirements required by California law.

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 Under Federal Law and State Law in California?

what-is-sexual-harassment-under-federal-law-and-state-law-in-california

Federal law forbids sexual harassment under 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.

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.

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.