The Azat Law GroupThe Azat Law Group2024-03-14T16:01:52Zhttps://www.azatlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1501858/2020/03/cropped-favicon-32x32.pngOn Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479852024-03-14T16:01:52Z2024-03-14T16:01:52ZTraining employees to work off the clock
In some jurisdictions, employers can potentially justify having workers do occasional, low-intensity job work while not clocked in. They may do these tasks sporadically or every shift they work. The de minimus rule that applies to federal wage standards allows employers to not pay employees for very small amounts of time devoted to job responsibilities.
California does not embrace that standard but instead requires that employers pay workers for all of their time devoted to job tasks. In fact, even relatively minor recurring job responsibilities could constitute payroll violations if companies train workers to do those tasks before they start a shift or after they clock out at the end of each shift.
Cleaning, security walkthroughs and prep work are among the tasks that companies may try to trick workers into performing without appropriate compensation. Workers have brought successful lawsuits in California against even large companies that may use the same practices successfully in other states. If a company routinely demands that workers do part of their job without pay for those services, then the workers may have grounds to pursue a wage and hour claim against their employer.
Documenting time spent on tasks for which a company does not pay workers could help affected employees stand up for themselves and get the wages they deserve. Filing a wage and hour claim is something one employee can pursue on their own or potentially undertake with other co-workers affected by the same company practices.]]>On Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479842024-02-14T18:05:25Z2024-02-14T18:05:25ZMinimum wage in California
California sets its minimum wage above the federal standard, reflecting the state's commitment to providing workers with livable wages. As of January 1, 2024, the minimum wage for all employers is set at $16 per hour. Some cities and counties in California have enacted their minimum wage ordinances. Additionally, on April 1, fast-food employees will have a higher minimum wage. On June 1, healthcare workers will have a higher minimum wage.
Overtime pay
Employees are entitled to overtime pay when they work:
More than eight hours in a single workday
More than 40 hours in a workweek
First eight hours on the seventh consecutive day of work in a workweek
Overtime is paid at one and a half times the employee's regular pay rate. Employees earn double time for working more than 12 hours in a single day or more than eight hours on the seventh consecutive day of work in a week.
Rest periods
Generally, employees should be given a 10-minute paid rest period for every four hours of work or a significant fraction of that time. If an employer fails to provide a rest period, the employee is entitled to one hour of pay at their regular rate for each workday for which the rest period wasn’t provided.
Meal periods
Meal periods are also mandated by California law. Employees who work more than five hours a day are entitled to a 30-minute unpaid meal break, which should start before the end of the fifth hour of work. For those working over 10 hours daily, a second 30-minute meal break is required, but it can be waived if the shift is under 12 hours and the first meal period isn’t waived by mutual consent.
Employees who don’t receive proper pay or breaks should learn their legal options. Working with a legal representative familiar with these matters can help these employees get the pay they’re due.]]>On Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479832024-01-15T16:42:02Z2024-01-15T16:42:02ZWorkers have the right to say no to illegal conduct
Workers sometimes put themselves in difficult situations when they are unaware of the laws that apply to their industry. Others can protect themselves by learning about the law so that they can recognize the signs of common violations.
Employees who realize that their employers routinely violate the law are in a very challenging position. However, they do have protection under California state law. A worker can refuse to engage in work tasks that involve illegal activity. Whistleblower protection laws apply to employees who assert that they cannot complete certain job tasks because they violate state or federal statutes.
If the worker reports the practices in one department to management or to an outside regulatory authority, they still have protection. An employer should not fire, demote or otherwise penalize a worker who recognized illegal activity and took action to stop it. Despite the laws that exist, the unfortunate truth is that companies that happily violate certain laws may also violate whistleblower protection and anti-retaliation laws.
Documenting what occurs at a company, and seeking legal guidance accordingly, can help protect workers who realize that they must act as whistleblowers.]]>On Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479792023-12-27T12:45:53Z2023-12-27T12:45:53ZTerminations for illegal reasons are wrongful
Although at-will employment laws grant companies the authority to fire workers for almost any reason at all, there are still certain reasons that violate state and federal statutes. There are two common scenarios in which California workers could bring a claim of wrongful termination.
The first involves retaliation. Multiple California state laws and federal statutes prohibit employers from punishing workers for using their rights. If a worker reports harassment, asks for medical accommodations or speaks up about regulatory infractions, they shouldn't be at risk of punishment for doing so. Activities ranging from requesting unpaid leave after a medical emergency to unionizing with coworkers have protection under state and federal law. If employers terminate someone after they engaged in protected workplace activities, the firing could be wrongful because it was retaliatory.
The second form of wrongful termination involves discrimination. Companies should not consider personal characteristics like race, age, religion or sex when making decisions about who they keep on staff. If references to someone's age come up during their severance negotiations or if a layoff involves a disproportionate number of people who belong to a specific group, the terminated workers may have experienced discrimination.
Wrongful termination lawsuits can lead to financial compensation and/or reinstatement of someone's position with a company, depending on a worker’s situation. Documenting the circumstances that led to someone's firing could help them prove that the termination was wrongful despite California's at-will employment laws.]]>On Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479782023-11-27T01:50:33Z2023-11-27T01:50:33ZA lack of pay rights
Rules related to minimum wage and overtime pay rights apply to hourly workers and non-exempt salary workers. Independent contractors theoretically set their own employment terms. Therefore, the government does not micromanage their right to overtime pay or minimum wage. Companies could put workers in a situation where they do not earn a fair wage by misclassifying them.
Issues with workers’ compensation or unemployment coverage
Employers generally need to contribute toward unemployment benefits on behalf of all of their employees. They also need to provide workers' compensation coverage in case someone gets hurt on the job. Independent contractors do not have the protection of those forms of coverage, which might mean that workers lose their jobs and become unable to support themselves. They may need to go to court to get unemployment. If someone gets hurt on the job, they may have an uphill battle if they need workers' compensation disability benefits and health coverage for their injuries.
No tax contributions
Employers typically contribute toward employment taxes. Workers pay less out of each paycheck because of what the business pays for the value of their labor. Self-employed individuals have to cover those expenses themselves. They will have to retain enough money to cover those employment taxes when sending in estimated quarterly tax payments and filing their annual tax returns.
For the most part, companies benefit by misclassifying workers, while employees lose out on crucial protections. Fighting back against misclassification can help workers get the pay or benefits they deserve.]]>On Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479772023-10-25T13:02:52Z2023-10-25T13:02:52Zcannot fire a worker because of their legally protected characteristics, like their age, race or sex. Additionally, businesses cannot terminate a worker's employment because that employee engaged in protected workplace activities, such as discussing their wages with coworkers or asking for unpaid leave under the Family and Medical Leave Act (FMLA).
When only one worker loses their job, they may quickly become suspicious of their employer's motive for terminating them. However, when a company terminates multiple workers simultaneously, it can be more difficult to establish the true underlying cause of that decision. As a result, businesses will sometimes use mass firing while downsizing or layoffs after a merger as a way to hide what is actually a wrongful termination. How can workers protect themselves from this type of employer misconduct?
They look at the timing and the other people affected
Those who suspect that their inclusion in a mass termination or layoff was a wrongful act have a few different ways of validating that belief. The first would involve proving that the decision came on the heels of the worker engaging in protected activities, particularly if the worker otherwise had an excellent work history. Other times, it may be an analysis of the pool of workers terminated that can help someone establish that their firing was wrongful.
If most of the workers over the age of 40 lose their jobs at the same time or if they have disproportionate representation among the pool of people let go, that could be a sign of discrimination. An inappropriate amount of people who share protected characteristics losing their jobs at the same time could be a sign that the company may have considered factors that it legally cannot when deciding who to retain and who to fire.
Particularly in situations where multiple people with the same protected characteristic(s) lose their jobs simultaneously, it may be necessary to work together to hold an employer accountable. Pursuing a wrongful termination lawsuit could lead to either financial compensation and also consequences for the business if certain criteria are met. Seeking legal guidance is a good way to determine whether one’s circumstances are actionable.]]>On Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479762023-09-19T15:03:55Z2023-09-19T15:03:55Zroughly $50 billion every year – and about half a billion or so is owed to workers right here in California.
Wage theft can include everything from refusing to pay overtime that’s due, depriving workers of their breaks, “shorting” their hours or misclassifying employees as contractors or exempt from overtime – among other things. Employers keep doing it simply because many of the victimized employees don’t know their rights, and employers are seldom held accountable for their actions. You can change that, however. If you think you’ve been the victim of wage theft, you can start gathering evidence to substantiate your claim.
Pay stubs or records
Your pay stubs or other wage records are some of the most critical pieces of evidence you may have. They usually provide a detailed breakdown of your earnings, along with vital information like your hourly rate, any additional compensation you receive and the number of hours you supposedly worked in each pay cycle.
Work schedules
Whether your employer writes the weekly schedule on a whiteboard in the breakroom or uses some kind of electronic calendar, start keeping a record. Snap a photo with your phone, if you must. This can be used to show the hours you were supposed to work in comparison with what you actually worked and what you were paid.
Time cards
If your employer requires you to clock in and out, try to make a copy of your time cards. These can help provide corroborating evidence that backs up your allegations if the information on the time cards doesn’t match your pay or work schedule.
Electronic messages
Is your boss constantly asking you to come in to set up before you clock in? Are you told to clock out and then “clean up” before you go home? If you have text messages or other forms of electronic communication from your employer that support your allegations, keep them handy.
Everybody deserves to be paid fair wages. If you’ve been cheated out of what you are rightfully due, there are legal avenues to explore. Depending on your circumstances, you may be owed considerable compensation.]]>On Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479742023-08-22T19:59:39Z2023-08-22T19:59:39Ztake leave for bereavement in specific circumstances.
Other types of unpaid leave that are often available to workers do not apply in scenarios where someone dies. Bereavement leave gives people an opportunity to travel for a funeral or simply process their emotions before returning back to a demanding job. What do workers in California making use of bereavement leave need to know about this new option?
Who qualifies
The rules for bereavement leave have standards that apply both in terms of the size of the organization and the employee's work history with the company. Generally, a worker needs to have been with an organization for at least 30 days to qualify for bereavement leave. The company will need to have at least five employees for bereavement leave rules to apply.
Which losses qualify
Not every loved one has the type of relationship that will allow someone to use unpaid bereavement leave as outlined in California law. The rules for bereavement leave specifically focus on close family relationships. Those who lose a spouse, child, grandchild, parent, sibling, grandparent or parent-in-law will have the option of taking bereavement leave. Those who lose a cousin, a romantic partner that they did not marry or a close friend will not qualify.
How long leave lasts
Every qualifying death in someone's immediate family can result in up to five days of bereavement leave. There isn't a limit that says an individual can only take bereavement leave once per year. The rules also do not require that someone takes all of their leave at once. They could take a day or two of leave for the funeral and then the remainder of their bereavement leave within three months of the date of someone's passing.
People deserve the space they require to work through their feelings in the wake of a great loss. Making use of California's new bereavement leave law could benefit those who have recently lost a loved one during the first days after news of a loss has broken.]]>On Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479682023-07-21T11:01:18Z2023-07-21T11:01:18Zcould include public health risks, safety risks, abuse, financial fraud, waste and much more. Essentially, the person notices that the company or organization is doing something that is illegal or against industry regulations, and they decide to expose the company. That person becomes a whistleblower.
For example, say that you work in the financial department for a major corporation. You notice that the CEO has been transferring funds out of the business’s accounts and into their personal accounts. Perhaps they have set up an automated system to do this and taken steps to cover it up, but you still discover it due to your role with the company. You know that the CEO is embezzling money, which is a clear violation of the law. If you report that activity to the board or even to the authorities, then you are a whistleblower.
Do whistleblowers have any protections?
Yes, whistleblowers definitely have protections. If you have made a genuine report in good faith, then it is illegal for your employer to retaliate against you. In the example above, you may worry about losing your job if you report that the CEO is embezzling money. And, while the CEO may have the ability to fire you within that corporate structure, they cannot legally do so if they’re doing it because you are a whistleblower.
It’s also important to remember that retaliation doesn’t always mean being fired. It can also just mean that changes were made to the job that have a negative impact on you. Maybe your hours were cut, even though you’re still employed. Maybe you were denied a promotion. Maybe your pay rate was cut or you were given jobs that no one wanted to do. A company is not just prohibited from firing a whistleblower, but also from intimidating them or retaliating in any other way.
What can you do if this happens?
If you feel that you’re being treated differently than other employees in the wake of whistleblowing activity, that could be a violation of your rights. Be sure you know what legal steps to take at this time. Seeking legal guidance is a good place to start.]]>On Behalf of The Azat Law Grouphttps://www.azatlaw.com/?p=479672023-06-19T00:27:24Z2023-06-19T00:27:24ZEmployers cannot take tips from servers who earned them
As often as you will hear employees talk about how this has happened to them, it is highly illegal. Just because an individual owns a bar or restaurant does not mean they are entitled to any of the tips earned by their employees. That money is only supposed to go to the waitstaff, bussing staff, etc. An employer who takes tips is violating their employees’ rights.
This rule applies to both cash tips and to credit cards. In California, all credit card tips have to be paid out at the next regular payday. Cash tips may be collected immediately, of course, so there can be some delay in credit card tips, but your employer cannot simply keep that money for themselves.
Is tip pooling allowed?
Yes, tip pooling is allowed. This is the process of combining tips and then splitting them up among members of the staff. This may be used so that all of the waitstaff will go home with the exact same tips. But even if this is done, managers and supervisors cannot be included in the tip pool. Neither can the owner of the establishment. So, regardless of how tips are distributed, they still have to go to the staff.
What options do employees have?
Unfortunately, these rules aren’t always followed. Employees who feel that their rights have been violated need to be sure they know about all of the legal options at their disposal. Seeking legal guidance is a good place to start.]]>