law

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.

Wage Violation Red Flags

meal_period_violation

Last year was a record year for wage violations as there were 8,000 lawsuits regarding timekeeping, overtime, and meal breaks.

Some notable red flags to be aware of include:
• Same in/out times for almost every day.
• Same out/in time for meal periods every day. These are clear signs that there could noncompliance with meal periods.
• No out/in times for meal periods.
• Time punches are always at the exact time that the shift begins.
• Time punches for all or most employees are almost the same exact time. An example of this is when one employee is punching in all employees.
• Automatic meal period deductions. Many companies settle this type of litigation because it is hard for employers to prove that employees ate lunch.
• Clocking in early or late. Be sure that rules treat employees equitably.
• Rounding. Make sure you are not always rounding down.
• An employee is paid for fewer hours than shown on his or her time records.
• The overtime pay rate is 1.5 times the employee’s hourly rate, but the pay stub shows the employee was paid a shift differential or bonus.

It is important to be mindful of these employment practices to prevent costly noncompliance lawsuits.

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/

Governor Brown Signs New Employment Bills into Law

new-bill

California Governor Jerry Brown has signed into law two bills that affect California employers.

A.B. 2751 strengthens an old law, which made it unlawful for an employer to engage in an “unfair immigration-related practice” or otherwise retaliate against a person for engaging in protected conduct (please see our last post in what constitutes “protected conduct”), including making a written or oral complaint about unpaid wages.

The new law clarifies that the civil penalties are payable to the employees who suffered the violation, and that employer cannot retaliate against employee for updating his/her personal information based on a lawful change of name, Social Security number, or federal employment authorization document. The new law also expands the definition of “unfair immigration-related practice” to include an employer’s threat to file a complain with the government against an employee who attempts to exercise a right protected under employment laws.

Also, another new law clarifies that rest or recovery periods to prevent heat illness count as compensable 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.

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

New Guidance on Pregnancy Discrimination Released

pregnancy-discrimination

The Equal Employment Opportunity Commission recently issued an enforcement guidance on pregnancy discrimination. The new guidance includes significant developments in the law during the past 30 years.

The guidance sets out the fundamental requirement that an employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions and that women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other employees who are similar in their ability or inability to work. The guidance requires employers to provide reasonable accommodations “to the known limitations of otherwise qualified employees and applicants for employment.”

Also, the guidance explains how the definition of “disability” could apply to workers with impairments related to pregnancy. Although pregnancy itself is not a disability, impairments related to pregnancy can be disabilities if they “substantially limit one or more major life activities.”

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

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in pregnancy discrimination 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.

Minimum wage will be increased to $9.00 tomorrow

minimum-wage

Minimum wage will be increased to $9.00 tomorrow.

Certain types of employees such as outside salespersons, apprentices, and learners may be exempt from minimum wage requirements, but in general, the requirements apply regardless of whether employees are paid on an hourly, commission, or salaried basis.

Paying employees less than the applicable minimum wage is unlawful, and an agreement between an employer and an employee to do so is unenforceable. California’s Labor Code establishes penalties for minimum wage violations.

In addition to increases at the state level, some cities have passed their own minimum wages that top the state’s rate. For example, San Francisco and San Jose have set local minimum wages at $10.74 and $10.16 per hour, respectively.

Are you happy about the increase in minimum wage? Let us know!

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 Should You Do If You’re Attacked by a Dog

dog-bite

If you are attacked by a dog, the dog’s owner is likely to be legally liable for your injury. The following is an important list of what you should do if you’re attacked by a dog:

1. Get the names and phone numbers of the dog’s owner and witnesses. Even if you don’t think you’ll be asking for any liability, get the dog owner’s name and address. You may change your mind the next day, when latent injury may show up.
2. Get any witnesses’ names. You may need them to back up your version of what happened if you and the dog’s owner later disagree.
3. Get medical attention if you need it. If your injury is serious enough to require medical attention, seek one immediately. Keep records of doctor’s office or hospital visits and copies of bills. The more thorough you are with your documentation, the more likely the chance of getting reimbursed for your medical expenses.
4. Report the incident to animal control authorities. This is especially important if the dog wasn’t wearing a license tag and you don’t know who owns it.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in personal injury cases.

Are you or anyone you know been attacked by a dog? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://payablaw.com/

What rights do I have pertaining to my personnel files and records at work?

personnel-file

California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. Inspections must not be later than 30 days from the date the employer receives a written request. Upon a written request, the employer needs to provide a copy of the personal records, at a charge not more than the actual cost of reproduction.

To facilitate inspection, employer must do all of the following:
1. Maintain a copy of each employee’s personnel records for no less than 3 years.
2. Make a current/former employee’s personnel records available, and if requested, provide a copy at the place where the employee reports to work or at another location agreeable to the employer and the requester.

However, by law, the right to inspect does NOT apply to: records relating to the investigation of a possible criminal offense, letters of reference, and ratings, reports, or records that were obtained prior to employment or obtained in connection with a promotional examination.

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/

3 Employment Law Trends Employers Need to Know

employment-law-trends

Below are descriptions of 3 employment law trends and several suggestions on how to manage them effectively.

1. Litigation issues are on the rise. There has been a rising tide of wage and hour litigation in the United States. In 2011, the U.S. Department of Labor recovered $225 million in back wages for employees, up 28 percent from 2010. It is important that employers consistently review their company policies and procedures to avoid litigation.

2. Workers want their time off. The American with Disabilities Act, the Family Medical and Leave Act, and other state and federal laws have outlined specific rules that relate to employees taking time off for vacation, sickness, and other qualifying situations. It would be ideal for employers to be mindful of what their policies paid time off policies are, and if they are in line with federal and state law guidelines.

3. The Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) have been stringently enforcing its plan in: protecting immigrants, migrant and other vulnerable workers, enforcing equal pay laws, eliminating barriers in recruitment and hiring, prevent harassment in the workplace, and preserving access to the legal system. In order to avoid these situations, it is advisable for employers to review and update their employee handbook regularly and consult with legal professionals to ensure that their company policies comply with state and federal law.

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

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

All You Need to Know About Tips

gratuity

“Gratuity” is defined as a tip, gratuity, or money that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due for services rendered or for goods, food, drink, articles sold or served to patrons.

The law states that gratuities are the sole property of the employee or employees to whom they are given. Labor Code Section 351 prohibits employers from sharing in or keeping any portion of a gratuity left for employees by a patron. Furthermore, it is illegal for employers to make wage deductions from gratuities, or from using gratuities as direct or indirect credits against an employee’s wages.

In California, an employer cannot use an employee’s tips as a credit towards its obligation to pay the minimum wage. California law requires that employees receive the minimum wage plus any tips left for them by patrons of the employer’s business. Labor Code Section 351.

If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you object to his crediting your tips against your wages, or because you file a claim or threaten to file a claim with the Labor Commissioner, 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.