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Home General Interest Atty. Conrado "Joe" Sayas

Atty. Conrado "Joe" Sayas

Protecting disabled employees

Q: I recently tried to return to work after 10 months of disability leave. I showed my boss my doctor’s certificate saying I should not do a lot of driving but I can do deskwork. Since driving was very important to my work, this means I could not go back to my old duties. I asked if I could be transferred to another position that would accommodate my restrictions. I was told that there are no other positions open and I would have to be terminated. However, our company was hiring and there are lower level positions for which I would qualify. What are my rights?

A: Your employer may have a duty to offer you the vacant lower level positions to comply with its duty to provide reasonable accommodation. California law prohibits discrimination based on disability or medical condition. An employer may not refuse to hire, train, or promote an employee based on disability. An employer may not terminate an employee or discriminate against the employee in compensation or other conditions of employment based on the employee’s disability or medical condition.

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Protecting our seniors from financial abuse

There are more than four million residents age 65 or older in California, making it the most senior-populated state in the nation. As California’s senior population keeps growing, the state has enacted laws and programs to protect and assist seniors as they face new challenges. Majority of the laws designed to protect seniors are found in the state’s Elder Abuse Act. Its purpose is to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse, neglect, and abandonment.

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Determining an employee’s compensable hour

Q: BECAUSE of the economy, I know a lot of people who are getting laid off from work. I might soon be one of them. I am an hourly employee assigned to irregular schedules and I have always felt that I have not been paid for all the hours I worked. I have never before complained because I need the job. But since I’m going to be laid off, I believe I should collect what is rightfully due to me. So how do I determine which of my hours should be paid by my employer?

A: You must first determine what your work hours are to determine if your employer owes you additional compensation. Even if your schedule varies from day to day, there are still ways to determine whether you are working during any given day. The time you spend working is "work time" and must, therefore, be paid.

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Confusing insurance provisions should not defeat consumer claims

THE insurance industry is one of the wealthi-est industries, owning several trillions of dollars in as-sets, earning average profits of over $30 billion annually, and paying its CEOs more than any other industry. One would think that an industry possessing such massive wealth would deal fairly with the common person. The experience of many consumers, however, show that the indus-try actually engages in tricks, sometimes unethical behavior, even outright bad faith, in or-der to deny legitimate claims.

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Have you been paid for all the hours you worked?

Q. LOOKING at my time cards, I noticed I usually worked more than 8 hours, sometimes 25 minutes, or up to 45 minutes more than my normal shift. My boss rounds this down to 8 hours. Am I entitled to be paid for the extra minutes even if it does not reach 1 hour?

A. Yes. You are entitled to wages not only at your regular rate but at the overtime rate of 1½ times your regular rate, for any hour or fraction of an hour in excess of 8 hours per day.

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Are ‘managers’ entitled to overtime pay?

Q: I am a Store Manager for a customer-service oriented business. I work 10- to 12-hours per day six days a week. I am paid a fixed salary every month. Since I am a Store Manager, my employers say I am exempt from overtime pay. I follow your column and know from your previous articles that the job title does not necessarily determine whether an employee is exempt or not. As Store Manager, I supervise some employees but I cannot hire or fire employees. I also spend a majority of my time doing the same things that these employees are doing – attending to customers and the cash register. Am I really exempt and not entitled to overtime?

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When employees take a pay cut

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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Can the government help you recover unpaid wages or overtime?

THE U.S. Government Accountability Office (GAO) recently did a study on the performance of the federal Department of Labor’s Wage and Hour Division (WHD). The WHD is essentially tasked with enforcing federal laws on minimum wage and overtime. When a labor complaint is made, the WHD’s usual responses would range between calling the employer to conducting a comprehensive investigation on an employer’s labor violations.

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Employment contracts for nurses and other employees cannot be less than the prevailing wage rates

Q: I am a registered nurse who was recruited from the Philippines to come over and work here in the United States. I signed a contract with a recruitment agency that I will be paid the prevailing wage rate for nurses who work in Los Angeles. I recently discovered that I am being paid less than the prevailing wage rate. If I quit and look for another employer I will be forced to pay $30,000 for breach of contract. What are my options?

A: Your situation is very similar to two Filipino 2009

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Balikbayan Magazine Issue 9 Vol. 1 November

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