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All You Need to Know About Accrual of Paid Sick Leave

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After July 1, 2015, employees who work in California for 30 or more days within a year from commencement of employment will accrue paid sick leave at a rate of no less than one hour for every 30 hours worked.

Exempt employees will be deemed to work 40 hours per week for accrual purposes, unless their normal work schedule is less than 40 hours. In such a case, they will accrue paid sick leave based on their normal workweek.

Further, covered employees will be entitled to use accrued paid sick days beginning on the 19th day of employment, after which they may use paid sick days as they are accrued.

Please note that accrued paid sick days carry over to the following year of employer. However, employers may limit an employee’s use of paid sick leave to 24 hours or three days in each year of employment.

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 accrued sick days after July 1, 2015? 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.

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.

All You Need to Know About Vacation Time

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In California, there is no legal requirement that an employer must provide its employees with paid or unpaid vacation time. However, if an employer does have an established agreement or policy to provide paid vacation, then there are certain restrictions on the employer on how to provide vacation pay.

Earned vacation time is considered wages, and vacation time is earned as labor is performed. For example, if an employee is entitled to 2 weeks of vacation per year, after 6 months of work he or she will have earned 1 week of vacation. Vacation pay adds up as it is earned and cannot be forfeited regardless of the reason for the termination. Unless otherwise agreed by a collective bargaining agreement, upon termination of employment, all earned and unused vacation must be paid to the employee.

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 vacation time? 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/

All You Need to Know About Minimum Wage

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Currently, California’s minimum wage is $8.00 per hour. However, California’s minimum wage will be raised to $9.00 per hour on July 1, 2014 and to $10.00 on January 1, 2016.

Some facts to know about minimum wage:
• Minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements.
• Minimum wage is the same for both adult and minor employees.
• The employer may NOT use your tips as a credit toward its obligation to pay the minimum wage.
• If your employer discriminates or retaliates against you in any manner whatsoever, for example, he fires you because you asked him why you weren’t being paid the minimum wage, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination/retaliation complaint.

What can you do if your employer does not pay you at least the minimum wage? 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.

What is Paid Time Off? And Why You Should Use It Before You Lose It

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Paid time off is a policy in some employee handbooks that provides a bank of hours in which the employer pools sick days, vacation days, and personal days that allows employees to use as the need or desire arises. Upon employment, the employer determines how many paid time off hours will be allotted per year.

Paid time off may have another effect, though. If your sick days, personal days, and vacation days all draw down your bank of free time, you may be less likely to take a day off when you are a little under the weather.

Saving paid time off can work well for you if your employer lets you hold on to all your unused days. But a new survey found that companies are less and less inclined to let you do that. Just 9 percent of employers allow employees to cash out unused vacation time when they leave their jobs.

But with fewer employers allowing carry-overs of unused time, you have less and less reason to save it. After all, if you can’t use the time later, why wait?

Read More: http://goo.gl/9N5bJG

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/

Am I Entitled to Holiday Pay?

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With today as Presidents’ Day, you may question whether the law requires employers to pay employees for holidays. The short answer is NO. Neither California nor federal laws require employers to pay employees for holidays. Some employment contracts may require paid holidays, but otherwise it is up to the employer to decide whether employees are paid on holidays. Typically, employer handbooks will identify which holidays employees will be compensated for the holidays.

Read More: http://goo.gl/7M5FXW

Questions about your rights at the workplace? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit EmploymentLawyersLA.com

How Much of Your Deposit Can Your Landlord Keep?

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Under California law, you are entitled to 1. the entire deposit amount or 2. your landlord must provide you with a written letter explaining all of the expenses that will be deducted from your deposit.

In general, a landlord may reduce the deposit for 3 reasons:
1. The cost of damages to the apartment. This does NOT include charge for improvements or for “reasonable wear and tear.” Moreover, the landlord may only charge you the cost of replacing the item you broke and may not use the opportunity to upgrade that fixture.
2. The cost of cleaning the unit to get the apartment back to the condition it was when you first moved in. It is common advise to take pictures of the apartment BEFORE you move in so the landlord would not be able to charge you later for this purpose.
3. Unpaid rent. This makes sense- a landlord can deduct any unpaid rent from your deposit.

Some other notes:
• In California, the landlord is required to refund your security deposit within 21 days of moving out.
• It is always good practice to take pictures of the entire apartment before you move in.
• It is always practical advice to clean out your apartment before you move out.
• Take more pictures of the apartment after you have cleaned it out and moving out.
• Make sure all of your rent is paid before you move out.
• Ask your landlord for a receipt.

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

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit PayabLaw.com