law offices

The 5 Sins of Wage and Hour Management

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The 5 most commons sins managers and supervisors commit in paying, or not paying, employees what they are owed:

1. Failure to pay the minimum wage. “We’ll pay you $5 an hour until you learn the ropes; then you move up to $7 an hour.” This is illegal.
2. Failure to pay for all hours worked. “Be sure to stay close to your phone after work in case that customer calls in from the East Coast.” Employers must pay employees for all hours worked, even if the employee has volunteered to do the work without pay. Some examples include expecting employees to take customer calls off hours or insisting that they answer the phone during an unpaid lunch break.
3. Misclassifying as exempt. “Your title is Assistant manager; you’re exempt.” Companies may classify workers as exempt to avoid paying overtime and/or to avoid paying for extra hours worked. However, an employee’s title does not mean anything and the fact that the person is paid on a salary basis does not mean anything — it’s the job duties that determine whether a worker is exempt.
4. Misclassifying as independent contractors. “You’ll be working alongside our regular employees but you’ll be an independent contractor.” Many employers may classify workers as independent contractors in order to avoid payments that would have been made to employees on their behalf (e.g., Social Security). But many so-called “independent contractors” are actually employees. The more control the employer has over how the person does the job, the more likely that worker is not an independent contractor.
5. Failure to properly calculate and pay overtime. Employers can’t avoid their obligation to pay overtime. Under federal law, the employer is obligated to pay the employee at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek. Employees are also entitled to overtime pay for all hours worked over 8 hours a day. Finally, employers must pay employees at a rate of 2 times the regular hourly pay, if the employees works over 12 hours in one day.

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

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 Constitutes Unacceptable Harassment at Work?

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Here is a list of 16 examples of harassing behavior:

• Unwelcome or inappropriate touch, such as patting, pinching, or brushing against someone
• Mimicking or making fun of someone’s accent, disability, diction, gestures, or manner of speech or religious, racial, or ethnic attire or dress
• Sexual flirtations, bantering, etc.
• Sexually suggestive conversations, comments, questions, stories
• Racial, ethnic, or religious jokes or jokes that belittle or stereotype any other protected group
• Obscene, sexual, or suggestive materials, cartoons, objects, photos, etc.
• Hate symbols, such as a noose, a swastika, or a KKK symbol
• Nicknames that relate to any protected group, such as “Grandpa”
• Linking employment decisions or benefits to a subordinate’s submission or refusal to submit to sexual advances
• Questions or comments about an employee’s actual or perceived sexual orientation
• Asking for sex and other sexual advances or propositions
• Sexual or suggestive jokes
• Sexual or physical assault
• Hate slurs that relate to any protected group, such as the “N” word and the “C” word
• Stereotyping comments, such as “you don’t sound …”
• Other inappropriate or unprofessional conduct that relates to or is directed at a protected group

Who Can Be Held Liable for Harassment at Work?
Not only is the employer liable but also managers and supervisors may be personally liable.

Read More: http://goo.gl/bO5sFj

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in sexual harassment 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 sexually harassed 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.

California’s DFEH Report Highlights Discrimination Trends

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The California Department of Fair Employment and Housing (DFEH), California’s civil rights agency, recently submitted an annual report showing trends toward filings related to disability, race and gender-based discrimination.

In 2012, there were 19,839 employment cases filed with the DFEH. The majority of the DFEH cases were for: Disability Discrimination (13,452), Race/Color Discrimination (6,990), and Sexual Harassment (6,169).

Trending in 2014 is an expected increase in discrimination cases based on gender, gender identity and gender expression. Also trending is an expected increase in cases brought under the California Family Rights Act and Pregnancy Disability Leave laws.

Read More: http://goo.gl/uvAb3h

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.

If I get injured in an accident or wrongfully terminated, how long do I have to make a claim?

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The time you have to file a lawsuit will vary from state to state depending on statute of limitations. Statute of limitation is the time within which a lawsuit or claim must be filed.

Some common statute of limitations include:

Personal Injury cases – you have 2 years from the day of the accident to file a lawsuit.
Discrimination, Harassment, Retaliation under California’s Fair Employment and Housing Act (age, race, sex, disability, national origin discrimination, etc.) – Claims must be initially filed with the Department of Fair Employment and Housing within 1 year. Once the DFEH issues a Right to Sue Notice, the claimant has 1 year to file a case in court. Note that even if you miss the 1 year statute of limitations to file a DFEH Complaint, you can still file a claim for wrongful termination of public policy within the 2 year standard tort statute of limitations. Of course, when a potential FEHA claim is pursued as a public policy claim, you can not collect your attorneys’ fees as you could under FEHA.
Discrimination, Harassment, Retaliation under Title VII, ADEA and ADA (age, race, sex, disability, national origin discrimination, etc.) – In California, claims must be initially filed with the Equal Employment Opportunity Commission with 300 days. Once the EEOC issues a Right to Sue Notice, the claimant has 90 days to file a case in federal court.
Unpaid Overtime, Minimum Wage, Meal and Rest Breaks – Claims must be filed with the Labor Commissioner or in court within 3 years of when the wages were earned.
Breach of Contract – If the contract is written, the lawsuit must be filed within 4 years of when the breach occurred. If the contract is oral or implied-in-fact, it must be filed within 2 years of the breach.
California Equal Pay Act – Actions for wage discrimination claims (ie- the opposite sex is paid a higher wage based on gender) is within 2 years for most actions, and 3 years if the violation was willful.
Family Medical Leave Act – Any action must be filed within 2 years after the violation, or within 3 years if the violation was willful.

If you’re debating whether or not to pursue a claim now or later down the road it will generally be to your benefit to file sooner than later as it’s typically easier to collect evidence and prove damages before too much time has passed.

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

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://www.payablaw.com/