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What Is Age Discrimination?

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The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years of age or older from employment discrimination based on age. The ADEA protection applies to employers with 20 or more employees and applies to both employees and job applicants. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Harassment of employees on the basis of age is also unlawful discrimination. Harassment can include offensive remarks about a person’s age. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision, such as the victim being fired or demoted.

The harasser can be the employee’s supervisor, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

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 based on your age? 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 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.

How Does the Reasonable Accommodation Process Work?

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In the second part of a two-part series, we will explain how the Reasonable Accommodation process works.

In general, the reasonable accommodation requirement starts when the employer learns of the employee’s need for a change and that the need is related to a medical condition. The employee does not have to expressly say the words “I need a reasonable accommodation for my disability.” The employee simply needs to make a request for a change that will allow him or her to perform the essential job functions, and it needs to be noted that the request is due to a medical condition.

After an employer gets a request for a reasonable accommodation, the next step is to use an interactive process to determine whether the request will be granted. This process requires an interaction between the employer and employee to determine what reasonable accommodations the employer may be able to provide. This process does not have to be formal or even in writing. However, it may be best for the employer to document the interactions. The interactive process should clarify the individual’s needs and assess what accommodations might meet those needs.

The employer and employee may discuss possibilities of reasonable accommodations. Then the employer assesses which alternative might work best. Of course the employee should have input. However, the employee’s first choice of accommodation does not have to be the final selection if the employer can offer an alternative that still allows the employee to perform the essential functions of the job.

Note, the only reason an employer can deny a reasonable accommodation request is if it would present an undue hardship on the employer. An undue hardship could be financial, or it could mean that it is too disruptive to implement. However, the undue hardship standard is a very high threshold to cross. It takes into account the finances and performance of the company. That said, an employer is not obligated to remove essential job functions either. If the employee is unable to perform essential job functions and no reasonable accommodation exists, that employee may no longer be qualified to perform the job.

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://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.

Which type of employees are not required to be paid overtime?

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There are entire classes of employees who are not required to be paid overtime. The most common exemption is the administrative exemption.

Administrative exemption is commonly referred to as the “white collar” exemption. To qualify for the administrative exemption, the employee must meet both the salary requirements and the duty requirements.

Salary requirements:
(a) The employee must be paid on a salaried basis.
(b) That salary must be equal to or greater than $455 per week. Note: this amount may be higher based on state laws.

Duty requirements:
(a) Have primary duties—not merely occasional duties—that are related to the management or general operations of the business. Typically this includes roles in finance, accounting, marketing, purchasing, legal, HR, and other such roles.
(b) Use discretion and independent judgment. This means the employee has a level of responsibility that requires him or her to make judgments independently, not merely to follow standards or take direction. The discretion and independent judgment must be related to matters of significance within the organization.

It’s easy to misclassify an employee. Some important notes to know:
– The employee’s job title would imply they are exempt, but their duties don’t actually qualify. Matching job titles or job descriptions is not enough; the actual work performed is what matters.
– The employee works on items that would qualify, but they’re not his or her primary duties. Each situation needs to be reviewed individually.
– The primary duties would qualify, but there is little to no discretion and independent judgment on the part of the employee. For example, if an employee primarily performs administrative duties but relies almost exclusively on either set standards or on the direction of a superior to make any decisions, then that employee may not be exercising discretion and independent judgment in the role. In these cases, it does not matter that the duties would qualify—if the “discretion and independent judgment” requirement is not met, the employee is not exempt.

Read More: http://goo.gl/oNFC0W

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/

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/

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.