Month: October 2017

Lactation Accommodation: Mandatory Breaks for Breastfeeding in California

Lactation Accommodation - Mandatory Breaks for Breastfeeding in California

Are you returning to work from pregnancy leave but still planning to breastfeed your child?

In 2010, the federal Affordable Care Act (also known as “Obama Care”) changed federal wage and hour laws to require employers to provide lactation breaks for new mothers.

Employers that are subject to the Fair Labor Standards Act (as most employers are), must provide nursing employees with “reasonable” unpaid breaks to express breast milk, for up to one year after the birth of a child.

These employers must provide nursing employees with a private place, other than a bathroom, that is protected from view or intrusion by coworkers or the public. Employers with fewer than 50 employees are not required to provide breaks if it would cause undue hardship, meaning that it would be too difficult or costly given the employer’s size, resources, and structure.

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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California Family Rights Act – What Is It?

California Paid Family Leave - What is it

The California Family Rights Act (CFRA) requires employers with 50 or more employees to provide eligible employees with time off for certain family and medical reasons.

Among other reasons, employees may take leave under CFRA for a serious medical condition or to bond with a new child. Leave under this Act is unpaid unless the employee qualifies for paid leave through a state program or company policy.

To qualify for CFRA leave, an employee must have worked for a covered employer for at least 12 months and must have worked at least 1,250 hours in the 12 months immediately preceding the leave.

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

How Much Time Can I Take Off if I’m Pregnant in California?

How Much Time Can I Take Off if I'm Pregnant in California

Pregnant employees may take up to four months of leave during the time that they are actually disabled by pregnancy or a pregnancy-related condition.

This time may be taken before or after the birth of the child and includes time off for severe morning sickness, medically necessary bed rest, childbirth, and recovery from childbirth and any pregnancy-related complications.

The exact amount of time off allowed for pregnancy disability leave depends on each employee’s situation. However, employees with “normal” pregnancies and deliveries are generally considered to be disabled for up to four weeks prior to giving birth and up to six weeks after giving birth.

This is also the period of time for which California’s State Disability Insurance (SDI) program will typically pay disability benefits to pregnant employees.

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

Taking Pregnancy Leave in California

Taking Pregnancy Leave in California

In California, employers with five or more employees are required to provide pregnancy disability leave under the state’s Pregnancy Disability Leave Act.

Pregnant employees may take up to four months of leave during any period of time during which they are unable to work due to pregnancy, childbirth, or a related medical condition.

If your employer denies you pregnancy leave for which you are eligible, your employer may be discriminating against you.

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

California Paid Family Leave – What is it?

California Family Rights Act - What Is It

California is one of only a few states that provide benefits to employees who need time off work to bond with a child or to care for a sick family member.

The California Paid Family Leave law is a benefit program only; it does not provide the right to time off or job protection.

However, other federal and California laws do provide the right to time off for certain employees for medical and care-taking purposes.

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

How Much Can I Get for My Wage Claim in California?

How Much Can I Get for My Wage Claim in California

If your employer failed to pay you at least the minimum wage, you are entitled to the difference between that and what you were actually paid, for each hour that you worked. For example, minimum wage increased from $9 to $10 on January 1, 2016.

If your employer continued to pay you $9 an hour for any work you performed in 2016, you are entitled to an extra $1 for every hour worked.

If your employer failed to pay you overtime, you can receive an extra 50% of your regular wages for each overtime hour worked.

And, you are entitled to payment for any business expenses your employer failed to reimburse you for, any unauthorized deductions your employer made from your paycheck, and any tips or commissions that your employer withheld.

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 Time Limits for Filing a Wage Claim in California?

What Are the Time Limits for Filing a Wage Claim in California

For most wage violations—including minimum wage, overtime, and meal and rest break violations—you must file your claim within three years of the violation.

If your employer’s wage violations were ongoing, the DLSE will look back three years from the date you filed your claim.

If your wage claim is based on your employer’s oral promises to pay you more than minimum wage, you have only two years to file your claim. If your claim is based on a written contract with your employer, you have four years to file your claim.

In any event, it’s best to file your wage claim as soon as possible. That way, you’ll be more likely to have access to the documents and witnesses that can support your claim.

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

What Types of Wage Claims Can I File in California?

What Types of Wage Claims Can I File in California

You can file a claim if your employer has violated any federal or state law regarding your work hours or wages. Because California law is more generous to employees than federal law in most respects, most claims will be based on state law.

This includes, among other things:

– minimum wage violations
– overtime violations
– meal and rest break violations
– unpaid tips or commissions
– unpaid vacation
– unauthorized deductions, and
– final paycheck violations.

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

Do I Need a Lawyer for a Wage Claim?

Do I need a Lawyer for a Wage Claim

For a wage claim, you are allowed, but not required, to have an employment attorney represent you at any stage of the wage claim process. The process is designed to be accessible to workers, so in many cases, it may be worthwhile to represent yourself.

This is especially true if your claim is small or very straightforward—for example, if you are claiming only a few weeks’ worth of overtime pay or your only claim is for clearly unauthorized deductions.

However, if you have a large or complicated claim — for example, you are claiming minimum wage or overtime violations over the span of many months — you should consider hiring a lawyer.

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