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Home General Interest Atty. Conrado "Joe" Sayas

Atty. Conrado "Joe" Sayas

Employee remedies for overtime violations

THE failure or refusal to pay proper overtime compensation is not simply a single violation of California’s labor laws. An overtime violation is generally accompanied by other labor violations. These other violations give rise to other damages that an employee may recover from the employer.

The first item of damage is, of course, the actual overtime compensation owed to the employee. This actual overtime compensation is computed at 1.5 times the employee’s regular rate (often called "time and a half") and is multiplied by the number of hours in excess of 8 hours per day. If the overtime hours exceeds 12 hours per day or exceeds 8 hours on the seventh day, overtime compensation is computed 2 times the regular rate (often called "double time"). For example, if an employee’s regular rate is $10 per hour, time and half would be $15 per hour and double time would be $20 per hour. These premium overtime hourly rates will then be multiplied by the number of overtime hours during the pay period.

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Immigration and family unification

THERE is nothing more important than family, I know this firsthand as I have been blessed with four daughters, a son and a beautiful wife. A big family by today’s standards and I wouldn’t change a thing. My family means everything to me and I cannot imagine what I would do if I were separated from them for any extended period of time.

As an immigration attorney, I am constantly reminded of the pain of family separation and how the immigration process actually keeps families apart rather than bringing them together. Long processing times, complex paperwork, difficult terms and concepts, proof of relationships, investigations by federal officers coupled with basic bureaucratic delays often result in moms, dads and kids desperately seeking my assistance in bringing their families back together.

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Should employees be paid for work done ‘off the clock?’

Q: I WORK as a driver/courier for a service-oriented company. I am often asked by my supervisor to pick up packages an hour or two before my regular clock in time. However, my supervisor told me to always clock-in at my regular clock in time. So even though I work an extra one or two hours every day, I am only paid 8 hours and not 9 or 10 hours. Should I be paid for the work that I do outside of my regular scheduled hours?

A: Yes, you should be paid for the extra hours you worked even though such work was done before your scheduled hours. Such extra hours are termed "off the clock" hours because they occur outside an employee’s regular work hours or shift. In this instance, you are additionally entitled to the overtime rate of 1½ times your regular rate for any work in excess of 8 hours per day.

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Philippine Heritage Institute celebrates 20th year of prestige and honor

Philippine Heritage Institute celebrates 20th year of prestige and honor The Philippine Heritage Institute International, a private foundation, will celebrate its 20th anniversary on October 31 at the Sheraton Hotel in downtown Los Angeles."In the wake of natural disasters affecting our kababayans, we at PHI feel that we have to go on with our tradition of recognizing individuals, who through their careers, personal endeavors and volunteer work have contributed to the enhancement of community life," says Naomi Palma-Armada, PHI founder and executive director.

Mrs. Armada, who hails from Marikina, had a tremendous loss of properties herself. Yet she remains an inspiring and very passionate lady. Madame Naomi, I salute you.

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When employees take a pay cut (When is it illegal?)

Q: MY employer is proposing to reduce my hourly pay supposedly because of the bad economy. If our company is really losing money and I have to agree to a pay cut to keep my job, then I will. My problem, however, is that out of the more than the 10 employees who have the same job duties as me, it seems I am the only one being asked to take a pay cut. Is this fair? What are my rights when it comes to taking pay cuts?

A: Employers may routinely change the terms or amount of an employee’s compensation. The change may be favorable (e.g., employees get a pay raise) or unfavorable (e.g., employees get a pay cut). The employer’s ability to change an employee’s compensation will partly depend on the employment relationship and the parties’ agreements.

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A reality check on long term care

LONG-term care is the assistance individuals need when they are unable to care for themselves and need help with Activities of Daily Living (ADLs) - bathing, dressing, transferring, toileting, continence (control of bodily functions), and eating - or they have severe cognitive impairment such as Alzheimer’s disease. The need for long-term care can result from an accident, chronic illness or short-term disability, or from advance age. Long term care can include a broad range of services, provided in any setting outside a hospital. It might be help with simple daily tasks like bathing or dressing. It might include skilled care in your own home, an assisted living facility, some other community resources, or a nursing facility.

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David Letterman’s confession: When is sex in the workplace unlawful?

POPULAR comedian and television personality David Letterman confessed to having sexual relationships with women who worked on his TV show. The important question is: Does Mr. Letterman’s conduct expose him (or his company) to a sexual harassment lawsuit from these women?

People talk of sexual harassment in the workplace but a misunderstanding may arise as to its true meaning. Is flirtation in the workplace sexual harassment? Does the telling of sexually-themed jokes with co-workers constitute sexual harassment? When a supervisor engages in sex with a subordinate, is this automatically sexual harassment?

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Employees should not be discouraged from filing legitimate wage claims

MANY employees who have valid claims for unpaid wages, overtime, and missed meal/rest breaks hesitate to assert their rights. One of the main reasons employees do not seek redress against Labor Code violations is "economic reality." The monetary recovery may be less than the costs of litigation and the attorneys’ fees. Wage claims are usually modest, ranging from the hundreds to a few thousand dollars. This is not enough incentive for employees to pursue their claims.

Another reason employees do not fight labor violations is that employees are afraid of employer retaliation. Retaliation may involve firing, demotion, suspension or assignment to less desirable work conditions. Employees find it difficult to retain their employment while bringing formal legal action against the employer. A current employee who individually sues his or her employer feels a greater risk of retaliation.

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How about Canada?

ON September 18th Darren Silver & Associates in conjunction with CSI Professionals conducted a seminar on Canada immigration at CSI’s offices in Glendale, CA. The seminar received rave reviews and offered a very comprehensive "infomercial" on all things Canadian. On September 26th DSA will again be conducting the same seminar at CSI’s Glendale offices. In addition, in late October DSA will be travelling to the Philippines to conduct seminars on Canada immigration and will also be appearing on a live worldwide telecast to millions of Filipino viewers discussing various Canadian immigration options. Be sure to tell your relatives abroad to catch the show!

For many aspiring immigrants, the negative effects of the worldwide economic meltdown towards their ability to be able to work and or immigrate to greener pastures abroad has been devastating. For example, in the United States, there are scores of temporary H-1B workers that are in danger of running afoul of their status as more and more employers are facing a cash crunch and are forced to let them go. For these displaced workers the only options are either to quickly find another employer or go back home.

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FASO-PASKO 

Balikbayan Magazine Issue 9 Vol. 1 November

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