employer

What to Do If An Employee Quits Out of Nowhere

resignation

Unexpected resignations are big challenges for business owners and managers. However, it’s important to know what your company’s HR procedures are for handling these situations.

The first thing to be mindful is to review the employment contract, if any, following a resignation to make sure the employer and the employee comply with obligations and requirements as stated in the employment contract. For example, at some companies, employees are required to work out a notice period, usually two weeks, as indicated in their employment contracts.

An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. The reasonable time the employer is allowed to pay for the employee’s wages should not exceed 72 hours provided that payment be made by mail to any employee who so requests and designates a mailing address. Labor Code Section 201.

If the employer feels that the employee may claim that he or she was constructively discharged, (i.e, their job environment was so intolerable that they had no alternative but to quit their job), then it is best to offer the employee a severance package in exchange for the dismissal of any claims that the employee may have.

Moreover, the employer should also advise its employment insurance carrier immediately as some employment insurance policies require immediate notification when an employee resigns.   Otherwise the insurance carrier may decline a future employment claim arising from the employee’s resignation.

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

How Do You Classify an Employee Versus an Independent Contractor?

employee vs. independent contractor 2

Although various employment statutes offer a variety of explanations as to what constitutes employee status versus an independent contractor, two primary criteria distinguish independent contractors from employees.

First, independent contractors agree on the desired work product and then control the means and manner of achieving the outcome. Second, independent contractors offer services to the public at large, not just to one business.

Keeping in mind that all of the factors of a worker relationship must be assessed and weighted and that no one factor is determinative, courts have used the following criteria to determine whether a worker is an employer or independent contractor:

– The nature and degree of control or supervision exercised by the employer
– The extent to which the services is part of the employer’s business
– The amount of the worker’s investment in facilities and equipment
– The worker’s opportunities for profit or loss
– The method of calculating the payment for work (ie- by time worked or by the job)
– The skill and judgment required for the independent enterprise to succeed
– Whether annual, vacation, or sick leave is given
– The intention of the parties regarding independent contractor or employee status.

Workers who are lower paid, lower skilled, lack bargaining power, have a high degree of economic dependence on their employer, and are subject to regular supervision and control are more likely to be considered employees. Workers who have “significant entrepreneurial opportunity for gain or loss,” and retain direction and control over their work, are more likely to be considered independent contractors.

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.

Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace.

Employers Need to Give Notice and Post New Paid Sick Leave Laws

notice to employees

A new year brings new laws for California employers. As we discussed in our last blog, the Healthy Workplaces, Healthy Family Act requires employers to provide paid sick leave.

Labor Code section 2810.5 has been amended in 2015 to require employers to provide written information at the time of hire about new paid sick leave entitlements.

Specifically, this law requires that notices must now also include language advising employees of their right to accrues and use paid sick leave, their right to be free from retaliation, and their right to file a complaint.

An employer is also required to display in each workplace of the employer a poster notifying employees of these paid sick leave rights.

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.

Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace.

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.

The Healthy Workplaces, Healthy Families Act Allows Three Paid Sick Days Per Year

Healthy Workplaces, Healthy Families Act of 2014

This year, California will become one of only a few states to require employers to provide paid sick time to employees.

The newly mandated The Healthy Workplaces, Healthy Families Act of 2014, which will come into effect on July 1, 2015, requires a minimum of hours be provided to employees for the care of themselves or family members during illness. In a special 4 part series, we will break down this unprecedented act and explain how it applies to you as an employee and how it will affect employers.

Not only have employees benefited from the newly increase in the state’s minimum wage (read our article on California’s increase in minimum wage here), employees can now also count on at least THREE (3) paid sick days per year. The benefits to employees are substantial as employees are allowed to take 3 paid sick days per year to attend to their own health or their family members. While employers will reap benefits in the form of increased employee productivity and morale.

Tune to our next article explaining this noteworthy new law and how it affects employees and employers in 2015.

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.

Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace.

Is it against the law for an employer to be open for business on every holiday some of which you have to work?

holiday

No. There is nothing in California law that directs that an employer must close its business on any particular day. It is up to the employer to select which days it chooses to be open or closed for business. If your employer is open on a holiday, like Christmas of New Years, and schedules you to work that day, there is nothing in the law that obligates your employer to pay you anything but your regular pay and any overtime premium for all overtime hours worked.

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.

All You Need to Know About Your Wage Deductions

Closeup of a money in man's pocket

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 Vacation Time

vacation-time

In California, there is no legal requirement that an employer must provide its employees with paid or unpaid vacation time. However, if an employer does have an established agreement or policy to provide paid vacation, then there are certain restrictions on the employer on how to provide vacation pay.

Earned vacation time is considered wages, and vacation time is earned as labor is performed. For example, if an employee is entitled to 2 weeks of vacation per year, after 6 months of work he or she will have earned 1 week of vacation. Vacation pay adds up as it is earned and cannot be forfeited regardless of the reason for the termination. Unless otherwise agreed by a collective bargaining agreement, upon termination of employment, all earned and unused vacation must be paid to the employee.

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 deprived of your vacation time? 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 Rest Periods

rest-period
California law requires that employers allow employees to take a 10-minute paid rest period for every 4 hours worked. The rest period should be given in the middle of the work period as is practicable. If the circumstances of the work prevent the employer from giving the break at the preferred time, the employee must still receive the required break, but may take it another point in the work period.

It is not permissible to choose to work through both of your rest periods so that you can leave your job 20 minutes early or arrive late.

If an employer does not authorize or permit a rest period, the employer must pay the employee one hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided.

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 deprived of your rest periods? 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.

Employees with Diabetes: What You Need to Know

diabetes

Nearly 26 million Americans have diabetes and an estimated 79 million adults have pre-diabetes. Employees with diabetes are covered by the American with Disabilities Act (ADA) which prohibits disability discrimination in the workplace. Diabetes is a physical impairment that limits major life activities, and thus meets the ADA definition of disability.

In fact, the Equal Employment Opportunity Commission has made it clear that diabetes should be a covered disability under the ADA. Diabetes can limit major life activities, such as caring for oneself, seeing, walking, eating, and standing.

Accommodations for employees with diabetes are usually minimal, easy to accomplish, and require little or no cost to the employer. Reasonable accommodations include: breaks to check blood glucose levels and treat by taking medicating or eating, ability to keep diabetes supplies and food nearby, opportunity to work a modified schedule, and opportunity to leave for treatment of diabetes.

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 diabetes? 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.