accommodation

What Type of Mental Illnesses Require Accommodation by Employers?

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Americans with Disabilities Act (ADA) prohibits discrimination against employees who suffer from mental health issues. Mental disabilities are covered by the ADA to the same extent as physical disabilities. A physical or mental impairment will constitute a disability under the ADA if it “substantially impairs one or more major life activities,” which are broadly defined to include activities such as concentrating, thinking, learning, communicating, and reading.

According to the Equal Employment Opportunity Commission (EEOC), an extensive range of mental illnesses may qualify as disabilities, including anxiety disorders, bipolar disorder, major depression, and personality disorders. Since many mental health conditions occur occasionally and at irregular intervals, it is important to note that an impairment is considered a disability if it “substantially limits a major life activity” when active.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been discriminated at work because of his or her mental illness? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ to learn about your rights at the workplace.

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3 Common Overtime Mistakes

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The federal Fair Labor Standards Act (FLSA) regulates the payment of overtime. Here are three common overtime mistakes:

Mistake #1: Misclassifying employees – some employers classify workers as independent contractors to escape liability for overtime wages. Courts look at whether an individual is “economically dependent on the business to which he renders service or is, as a matter of economic fact, in business for himself,” and they use a variety of factors to determine whether an individual is an employee or independent contractor.

Mistake #2: Exemption confusion – Paying an employee a salary does not necessarily make him exempt from overtime wages. Most employees who are exempt from overtime fall under the executive, administrative, or professional exemptions (also known as the white- collar exemptions), which require payment on a salary basis. However, for the white-collar exemption to apply, an employee must meet the duties test and be paid a minimum salary of $455 per week.

Mistake #3: Calculating the regular rate – employers should make sure to properly calculate employees’ regular rate of pay. Overtime is calculated at 1.5 times an employee’s regular rate for all hours worked in excess of 8 hours up to and including 12 hours in any workday and for the first 8 hours worked on the seventh consecutive day of work in a workweek. Further, double overtime is calculated as 2 times the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of 8 on the seventh consecutive day of work in a workweek. However, an employee’s regular rate is not necessarily the same as the hourly rate. If an employee’s only compensation is his hourly rate, the regular rate is the same as his hourly rate, and the overtime rate is 1.5 or 2 times that amount. If you provide any compensation over and above straight hourly wages, make sure you calculate any bonuses or compensations which must be included in the calculation of the regular rate.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Do you have any questions about your overtime wages? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/

Accommodation of Employees’ Religious Beliefs

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Accommodating religious beliefs is a delicate task for employers. However, communicating and working with employees to determine possible accommodations are your best strategies.

The employer is responsible for offering reasonable accommodation. After doing so, the employer will have met his or her obligation even if the employee does not agree with or consent to the accommodation.

Evidence of thorough and thoughtful participation in the interactive process will always serve the employer well. It is also critical to document the various accommodations the employer offers and the employee’s responses to these accommodations. As such, all accommodations should be documented and reported to supervisors and HR.

Read More: http://goo.gl/AGiP1v

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, religious discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been discriminated based on religion at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

Is Obesity Considered a Disability?

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The short answer is yes. Recently, the American Medical Association (AMA) has declared obesity to be a disease. This has implications for employers, since obesity may now also be considered a disability in certain circumstances.

Given the broader definition of disability under the ADA Amendments Act, many persons who have been diagnosed for obesity as a disease may well fall within the definition of being currently or actually disabled. The question will be: does that person’s obesity substantially limit one or more major life functions? If the answer is yes, then the employer’s obesity may be considered a disability. Given that endocrine system function is one example that could be affected for someone who is obese, likely the answer will be yes based on this alone.

What Does it Mean for Employers if Obesity is a Disability?
One of the biggest ramifications is that the ADA will now prohibit discrimination against an applicant or employee because of his or her obesity. It will also mean that employers will be required to make reasonable accommodations to allow employees who are obese to perform essential job functions. And it will also prohibit retaliation against obese individuals requesting reasonable accommodation for obesity.

Read More: http://goo.gl/xYs9eA

The Law Offices of Payab & Associates is a Los Angeles based law firm founded by David Payab, Esq., with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been discriminated at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

Prohibited Employer Actions under ADA and FEHA

If you are an employer, you should be familiar with American with Disabilities Act (ADA) and California’s Fair Housing and Employment Act (FEHA). Said acts ensure that disabled employees are not discriminated against in the workplace. So what do these two acts entail?

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Under the ADA and FEHA an employer cannot:

  • Fail to make a reasonable accommodation for someone with a disability.
  • Use qualification standards, employment tests, or other selection criteria that screens out or tends to screen out individuals with disabilities.
  • Have a policy with an adverse effect on people with disabilities, even if that was not the intent of the policy. One example is when a policy states that an employee who has an absence from work after exhausting all leave options will be terminated, without exception. This is illegal since disabled individuals may require further accommodation.
  • Retaliate against an individual because that person opposes an employer act or a practice that is unlawful.
  • Ask a job applicant whether she or he is an individual with a disability.
  • Ask a job applicant about any job-related injuries or workers’ compensation history.
  • Force an applicant to take a pre-offer medical examination or psychological examination.

Read more at: http://goo.gl/FMuc0L

Are you or anyone you know been discriminated at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit EmploymentLawyersLA.com if you have any questions regarding your rights at the workplace.