violation

Wage Violation Red Flags

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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/

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Tips for Ensuring Meal and Rest Break Compliance

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Many California employers face lawsuits for meal and rest break compliance. There’s a lot that can be done to avoid accidentally not providing employees with the meal and rest breaks they’re entitled to. Here are some tips for employers to help ensure that meal and rest breaks are taken appropriately:

– Evaluate systems to ensure that they don’t hinder employees from taking rest and meal breaks. For example, make sure that employees are not being schedule too much.
– Schedule breaks and relief rather than relying on employees to do it without prompting.
– Ensure that employees record the time out and time in for the meal period. Note that in the absence of proof that an employee took a meal period (ie. clocking out), it will be presumed they did not. It is the employer’s responsibility to ensure they have the opportunity to take the meal break.
– Have a complaint written “on-duty meal period” agreement on file.
– Set up a system for employees to report violations.
– Track and discipline violations.
– Talk to the employees who miss breaks. The key here is to show the employees that they have a responsibility to take breaks they have been provided and that they cannot just not take it to try to get the premium pay, and doing so will result in disciplinary action.

Taking the above precautions will ensure employers will face less meal and rest break violations.

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 not been given your meal or rest breaks? 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.

If I get injured in an accident or wrongfully terminated, how long do I have to make a claim?

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The time you have to file a lawsuit will vary from state to state depending on statute of limitations. Statute of limitation is the time within which a lawsuit or claim must be filed.

Some common statute of limitations include:

Personal Injury cases – you have 2 years from the day of the accident to file a lawsuit.
Discrimination, Harassment, Retaliation under California’s Fair Employment and Housing Act (age, race, sex, disability, national origin discrimination, etc.) – Claims must be initially filed with the Department of Fair Employment and Housing within 1 year. Once the DFEH issues a Right to Sue Notice, the claimant has 1 year to file a case in court. Note that even if you miss the 1 year statute of limitations to file a DFEH Complaint, you can still file a claim for wrongful termination of public policy within the 2 year standard tort statute of limitations. Of course, when a potential FEHA claim is pursued as a public policy claim, you can not collect your attorneys’ fees as you could under FEHA.
Discrimination, Harassment, Retaliation under Title VII, ADEA and ADA (age, race, sex, disability, national origin discrimination, etc.) – In California, claims must be initially filed with the Equal Employment Opportunity Commission with 300 days. Once the EEOC issues a Right to Sue Notice, the claimant has 90 days to file a case in federal court.
Unpaid Overtime, Minimum Wage, Meal and Rest Breaks – Claims must be filed with the Labor Commissioner or in court within 3 years of when the wages were earned.
Breach of Contract – If the contract is written, the lawsuit must be filed within 4 years of when the breach occurred. If the contract is oral or implied-in-fact, it must be filed within 2 years of the breach.
California Equal Pay Act – Actions for wage discrimination claims (ie- the opposite sex is paid a higher wage based on gender) is within 2 years for most actions, and 3 years if the violation was willful.
Family Medical Leave Act – Any action must be filed within 2 years after the violation, or within 3 years if the violation was willful.

If you’re debating whether or not to pursue a claim now or later down the road it will generally be to your benefit to file sooner than later as it’s typically easier to collect evidence and prove damages before too much time has passed.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment and personal injury cases. Our office has successfully litigated many complex disputes including car accidents, 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/