supervisor

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/

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.

Top 6 Ways to Get Yourself in Trouble as a Supervisor

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1. Making unlawful inquiries before employment. Inappropriate questions during interviews are a primary source for claims of discrimination. The courts generally assume that if you asked a question, you intended to use the answer as a factor in your hiring decision.
ie: “That’s an interesting accent you have. Where were you born?”

2. Delivering dishonest evaluations. Many supervisors avoid giving poor performance evaluations to their employees and instead cop out with a “satisfactory” rating. This conduct could ultimately create murky situations for the employer.
ie: “I’m giving you a ‘satisfactory’ rating, and I think we both know what that means in this company.”

3. Too vague in discipline and performance write-ups. Supervisors often write something on performance evaluations like “needs improvement.” That’s too vague. Always be specific with performance reviews.
ie: “I’m making a note here that we talked about your performance.”

4. Making rash disciplinary decisions. Firing an employee may be the appropriate action but firing an employee instantly in anger is not the way to do it. You should never fire without carefully reviewing the circumstances with HR.
ie: “That’s it, I’ve had it, you’re fired.”

5. Making uninformed responses to medical leave requests. The best way to deal with this problem is to contact HR before making decisions on medical leaves.
ie: “You’re going to take every Friday off? That’s not going to happen.”

6. Not realizing the “power” of the supervisor. Supervisors are agents of the company, and when they engage in behavior that may be considered harassment, it is especially grievous because of the power they have over their employees.
ie: “Let’s go out for a drink after work. Then maybe we can hang out afterwards.”

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

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