notice

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.

Pregnant? 5 Ways to Protect Yourself from Discrimination at Work

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While there is blatant pregnancy discrimination in the workplace, more often, it’s a little less obvious. Fortunately, there are federal laws that make it illegal to discriminate against pregnant women or those with children. Knowing your legal rights may serve you well.

The Pregnancy Discrimination Act makes it unlawful for an employer with 15 or more employees to discriminate on the basis of pregnancy or a pregnancy-related condition. Moreover, women that have difficult pregnancies that result in health problems may be protected by the American’s with Disabilities Act. Most often, employers fire pregnant employees, citing poor performance or violation of attendance policies, even when non-pregnant employees with similar performance are not terminated.

Here are five steps you can take to protect yourself at work:

1. Don’t wait too long to tell your employer you are pregnant. This way if you are fired or demoted, you may be able to protect yourself with anti-discrimination laws.
2. If you are still at work and believe that your employer is discriminating against you, report it, in writing, to human resources or your boss.
3. If you are fired or demoted, ask why. Again, this should be done in writing.
4. If you are having a difficult pregnancy, discuss with your doctor how this is affecting you at work. You may be entitled to “reasonable accommodations” — including time away from work for medical care, more frequent breaks, and lifting restrictions. It is best for your doctor to provide a letter explaining the issue to your employer.
5. Even if you do not plan to ask for changes at work, make sure that your boss or supervisor knows about health-related issues which you suffer from. This way, you may be protected if your employer later tries to fire or demote you.

Taking these steps can help protect you against pregnancy discrimination.

Read More: http://goo.gl/9cXlIY

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, pregnancy 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.

Accommodation of Employees’ Religious Beliefs

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Accommodating religious beliefs is a delicate task for employers. However, communicating and working with employees to determine possible accommodations are your best strategies.

The employer is responsible for offering reasonable accommodation. After doing so, the employer will have met his or her obligation even if the employee does not agree with or consent to the accommodation.

Evidence of thorough and thoughtful participation in the interactive process will always serve the employer well. It is also critical to document the various accommodations the employer offers and the employee’s responses to these accommodations. As such, all accommodations should be documented and reported to supervisors and HR.

Read More: http://goo.gl/AGiP1v

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, religious discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been discriminated based on religion 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.

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.

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.