overtime

All You Need to Know About Rest Periods

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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.

3 Common Overtime Mistakes

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The federal Fair Labor Standards Act (FLSA) regulates the payment of overtime. Here are three common overtime mistakes:

Mistake #1: Misclassifying employees – some employers classify workers as independent contractors to escape liability for overtime wages. Courts look at whether an individual is “economically dependent on the business to which he renders service or is, as a matter of economic fact, in business for himself,” and they use a variety of factors to determine whether an individual is an employee or independent contractor.

Mistake #2: Exemption confusion – Paying an employee a salary does not necessarily make him exempt from overtime wages. Most employees who are exempt from overtime fall under the executive, administrative, or professional exemptions (also known as the white- collar exemptions), which require payment on a salary basis. However, for the white-collar exemption to apply, an employee must meet the duties test and be paid a minimum salary of $455 per week.

Mistake #3: Calculating the regular rate – employers should make sure to properly calculate employees’ regular rate of pay. Overtime is calculated at 1.5 times an employee’s regular rate for all hours worked in excess of 8 hours up to and including 12 hours in any workday and for the first 8 hours worked on the seventh consecutive day of work in a workweek. Further, double overtime is calculated as 2 times the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of 8 on the seventh consecutive day of work in a workweek. However, an employee’s regular rate is not necessarily the same as the hourly rate. If an employee’s only compensation is his hourly rate, the regular rate is the same as his hourly rate, and the overtime rate is 1.5 or 2 times that amount. If you provide any compensation over and above straight hourly wages, make sure you calculate any bonuses or compensations which must be included in the calculation of the regular rate.

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.

Do you have any questions about your overtime wages? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/

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/

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/