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Which Employers Are Subject to The Healthy Workplaces, Healthy Families Act?

Healthy Workplaces, Healthy Families Act of 2014 part 3

It is no surprise that California, with its distinguished reputation for passing employee-friendly legislation, is leading the charge toward mandatory paid sick leave for employees with the passage of The Healthy Workplaces, Healthy Families Act which will go into effect on July 1, 2015.

It is best practices for all businesses and employers to have a written employee handbook that sets forth all of its employment-related practices and procedures including any paid sick leave.

A company with one or more employees, each working 30 or more days in California within a one-year period must comply with the Healthy Workplaces, Healthy Families Act. There is no exception for small businesses or companies that only have part time employes. Further, companies located outside of California with employees performing services in California are also subject to the new law.

Are you a company that has questions or concerns related to whether the newly passed California statute affects independent contractors or employees? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://payablaw.com/ if you have any questions to avoid or mitigate penalties and damages related to employee misclassification.

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.

What Is Constructive Discharge and Why Is It Important?

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Constructive discharge is when an employee is forced to quit because the employer has made working conditions unbearable. Unbearable conditions include harassment or discrimination, or receiving a negative change in pay or work for reasons that are not work-related. An example is when Bob believes he was constructively discharged when he felt compelled to quit after his supervisor decreased his pay and benefits for no performance-related reason.

While employees who voluntarily quit are typically not expected to receive unemployment benefits and lose the right to sue the company for wrongful termination, constructive discharge is an exception. If an employee feels he or she was forced to leave a job because the employer made the job so unbearable, he or she can file a wrongful termination suit against the former employer. In this case, being compelled to quit is legally similar to being unfairly discharged.

If you believe your termination was wrongful and you have been constructively discharged or you have not been treated according to the law or company policy, you can get help.

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 working in an unbearable working condition? 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.

What is Reasonable Accommodation and How Does the Process Work?

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In a two-part series, we will explain what Reasonable Accommodation is and how the process works.

Part I – What is Reasonable Accommodation?

The Americans with Disabilities Act (ADA) requires employers to not discriminate against qualified individuals with disabilities. It also requires that those individuals should be given reasonable accommodations to allow them to perform the essential functions of the job, as long as doing so does not create an undue hardship for the employer.

Reasonable accommodation could be any change in the work environment or in the way things are customarily done that allows an individual with a disability to enjoy equal employment opportunities. This includes changes to: the job application process, the work environment, the manner or circumstances under which the job is performed, or other areas that allow an employee with a disability to have equal benefits and privileges as other employees.

In practice, this can mean any number of things and is dependent on the specific situation for each employee. It is up to the employer to discuss options with the applicant or employee to determine what options might work.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in disability discrimination cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, disability discrimination, wage and labor disputes, and retaliation cases.
Are you or anyone you know been discriminated at work based on your disability? 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.

8 Secrets to Keeping Employees Happy


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Bonuses, perks, and paid days off aren’t enough to keep employees happy. Showing an employee how much the company values and appreciates them on a personal level is a much more successful way to keeping employees happy. Research has shown that employees with high job satisfaction are generally more productive and loyal to their companies.

The following are ways to keeping employees happy:
1. Be transparent. The number one to employee happiness is transparency. This requires an ongoing dialogue between management and staff.
2. Recognize and reward employees. Achievement and recognition are high motivators for employees.
3. Encourage communications in common areas. Employees should be free to communicate and share ideas.
4. Offer benefits beyond the basics. For example, other ancillary benefits, such as dental, optical wellness are well received by employees. And gym memberships and transit benefits are great ways to keep employees happy and healthy.
5. Make employees part of the big picture. Frequent and clear communication on company happenings make a difference in keeping employees happy.
6. Cut back on emails and meetings. Replacing meetings and emails with technology that helps them save time rewards productivity.
7. Ask employees for their input. Company surveys can help employers create a more positive work environment.
8. Keep in touch. A one-on-one conversation with an employee goes a long way.

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

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.

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

What is Medical Leave and When Are You Entitled to One?

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The Family and Medical Leave Act (FMLA) entitles an employee to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.

In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Also, an employee seeking medical leave must give the employer notice of the need for leave and indicate when the employee anticipates returning to work.

The employee must provide information to the employer to suggest that his or her health condition could be serious. When the leave is foreseeable, the employee must give at least 30 days’ notice. When the leave isn’t foreseeable, the employer must provide notice to his or her employer as soon as practicable under the circumstances.

PRACTICAL ADVICE: If you think you have a serious health condition that could entitle you to a medical leave, give your employee at least a 30 days’ notice or as soon as practicable under the circumstances.

Read More: http://goo.gl/2lovlN

If you or anyone you know is entitled to a medical leave, 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/