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All You Need to Know About Your Wage Deductions

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You are probably already familiar with deductions for payroll taxes and Social Security. However, only certain types of deductions can be legally withheld, and even then, the amount of the deduction is often limited by federal and state laws. Some common payroll deductions made by employers that are unlawful include:

  • Gratuities – An employer cannot collect or take any gratuity or part given or left for an employee, or deduct any amount from wages due an employee given or left for an employee. However, a restaurant may have a policy allowing for tip sharing among employees who provide direct table service to customers. (Labor Code Section 351)
  • Uniforms – If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. (Labor Code Section 2802)
  • Bonds – If an employer requires a bond of an applicant or employee, the employer must pay the cost of the bond. (Labor Code Section 401)
  • Business Expenses – An employee is entitled to be reimbursed by his or her employer for all expenses or losses incurred in the direct consequence of the discharge of the employee’s work duties. (Labor Code Section 2802)
  • Medical or Physical Examinations – An employer may not deduct from the wages of any employee or require any prospective employee to pay for any pre-employment medical or physical examination taken as a condition of employment, nor may an employer deduct from the wages of any employee to pay for any medical or physical examination required by any federal or state law or regulation, or local ordinance. (Labor Code Section 222.5)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.

    Did your employer unlawfully deduct from your wages? 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.

All You Need to Know About Minimum Wage

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Currently, California’s minimum wage is $8.00 per hour. However, California’s minimum wage will be raised to $9.00 per hour on July 1, 2014 and to $10.00 on January 1, 2016.

Some facts to know about minimum wage:
• Minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements.
• Minimum wage is the same for both adult and minor employees.
• The employer may NOT use your tips as a credit toward its obligation to pay the minimum wage.
• If your employer discriminates or retaliates against you in any manner whatsoever, for example, he fires you because you asked him why you weren’t being paid the minimum wage, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination/retaliation complaint.

What can you do if your employer does not pay you at least the minimum wage? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/

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.

American with Disabilities Act: Reasonable Accommodations Only Need to Be Offered Upon Request

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An important court decision recently confirmed that an employer has no duty to offer reasonable accommodations to an employee with a disability until the employee specifically requests an accommodation. That’s true even when the employer is aware of the employee’s disability.

To establish an American with Disabilities Act (ADA) claim, an employee must show that he or she:
1. Has a disability as defined by the ADA,
2. Is qualified, with or without a reasonable accommodation, to perform the functions of his job, and
3. Suffered discrimination because of his disability.

The court found that before an employee can be deemed “not qualified” for his job, the employer must take an effort to accommodate his disability. However, the employee has a duty to request a reasonable accommodation. An employer is not required to offer an accommodation, even though he knows the employee is disabled under the ADA. The court stated that “it is not the employer’s responsibility to anticipate the employee’s needs and affirmatively offer accommodation.”

In making a request for an accommodation, the employee need not utter any magic words, nor must he say that he is request a reasonable accommodation. Furthermore, the request need not be in writing. However, the employee must make clear that he wants assistance for his disability. Also, the employee must be clear that he needs an accommodation for his disability.

PRACTICAL ADVISE: If you think you may need reasonable accommodation for your disability at your workplace, let your employer know as soon as possible.

Read More: http://goo.gl/8iIsz2

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.

Associational Disability Discrimination

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Employees may now have a claim against an employer that discriminates an employee because of his or her association with a disabled person.

In a recent case, when an employee was hired, he informed the employer that he planned to donate a kidney to his physically disabled sister. When the employee learned that the Donation Protection Act (DPA) would take effect on January 1, 2011, he requested paid leave to do so. The employee received satisfactory performance reviews and posed no disciplinary problems. Just 2 days before the DPA became effective, the employee was terminated for poor performance. The employee sued the employer for discrimination on the basis of his association with his physically disabled sister. The trial court dismissed the case but the appellate court upheld the associational claim.

As the Court of Appeals noted, associational discrimination has been the subject of very little litigation. The 7th Circuit identified 3 types of associational discrimination:

1. Expense– for example, when an employee is fired because his spouse has a disability and is covered by the company’s health plan.

2. Disability by Association– for example, when an employee’s homosexual companion has HIV and the employer fears that the employee also has been infected.

3. Distraction– for example, when the employee is somewhat inattentive at work because his child has a disability that requires his attention.

PRACTICAL TIP: An employer that discriminates against an employee because of his or her association with a disabled person is liable even if the motivation is purely monetary.

Read More: http://goo.gl/cz39vw

If you or anyone you know has any questions regarding discrimination by association, Call the Law Offices of Payab & Associates at (800) 401-4466 or visit our website at: http://employmentlawyersla.com/

Top 6 Ways to Get Yourself in Trouble as a Supervisor

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1. Making unlawful inquiries before employment. Inappropriate questions during interviews are a primary source for claims of discrimination. The courts generally assume that if you asked a question, you intended to use the answer as a factor in your hiring decision.
ie: “That’s an interesting accent you have. Where were you born?”

2. Delivering dishonest evaluations. Many supervisors avoid giving poor performance evaluations to their employees and instead cop out with a “satisfactory” rating. This conduct could ultimately create murky situations for the employer.
ie: “I’m giving you a ‘satisfactory’ rating, and I think we both know what that means in this company.”

3. Too vague in discipline and performance write-ups. Supervisors often write something on performance evaluations like “needs improvement.” That’s too vague. Always be specific with performance reviews.
ie: “I’m making a note here that we talked about your performance.”

4. Making rash disciplinary decisions. Firing an employee may be the appropriate action but firing an employee instantly in anger is not the way to do it. You should never fire without carefully reviewing the circumstances with HR.
ie: “That’s it, I’ve had it, you’re fired.”

5. Making uninformed responses to medical leave requests. The best way to deal with this problem is to contact HR before making decisions on medical leaves.
ie: “You’re going to take every Friday off? That’s not going to happen.”

6. Not realizing the “power” of the supervisor. Supervisors are agents of the company, and when they engage in behavior that may be considered harassment, it is especially grievous because of the power they have over their employees.
ie: “Let’s go out for a drink after work. Then maybe we can hang out afterwards.”

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

Questions about your rights at the workplace? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/