EMPLOYEES who want to be more vigilant of their rights in the workplace this year may want to pay attention to the following laws and developments:
Overtime
Work of more than 8 hours per day or more than 40 hours per week must be paid overtime compensation computed at either 1.5 times the employee’s regular rate (“time and a half”) or 2 times the regular rate (“double time”). If employees receive piece rate pay, shift differential pay, or non-discretionary bonuses, their overtime rate may be increased. Also, personal attendants (nannies and private caregivers) are now entitled to overtime starting January 1, 2014.
Meal and rest breaks
Employees must receive an uninterrupted 30-minute meal break for every 5 hours of work and must be relieved of all duty during this time. Rest breaks must be authorized in 10-minute duration for every 4 hours of work, or a major fraction of 4 hours. Employees not provided a meal or rest break must be paid an additional 1 hour’s pay at the employee’s regular rate (or an additional 2 hours’ pay if both breaks are not provided). Working during meal breaks may also entitle employees to overtime pay.
Disability discrimination
Employers may not terminate an employee based on the employee’s disability or medical condition. Employers must engage in a timely, good faith interactive process to determine if disabled employees require reasonable accommodation, including a brief extension of a12-week medical leave.
Expansion of Paid Family Leave Law
Current law provides family temporary disability insurance consisting of wage replacement benefits up to six weeks to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a minor child. However, effective July 1, 2014, a new law expands current provisions to include time off to care for a seriously ill grandparent, grandchild, sibling, or parent in-law.
‘Independent Contractor’ misclassification
Independent contractors are not employees and, therefore, do not have the same rights and protections that employees enjoy. Workers who have agreed to receive a 1099 may still be misclassified as independent contractors and, therefore, denied proper compensation or benefits due to them.
Illegal employer retaliation
An employer may not retaliate against an employee (by firing, suspending, demoting or assigning to a less advantageous position) because the employee complained (or is about to complain) of the employer’s violation of state or federal laws. Retaliated employees may recover damages and attorneys’ fees for the retaliation.
Employer threats of deportation now illegal
It is now illegal for an employer (and their attorneys) to threaten to contact immigration authorities or file a police report (or engage in other unfair immigration-related practices) if the motive is to retaliate against an undocumented employee’s exercise of a legal right such as claiming overtime wages or reporting safety violation at work. Employees who experience violations may be entitled to reinstatement and reimbursement for lost wages, damages, and penalties. The employer may also be liable for a civil penalty of up to $10,000 per violation.
When leaving employment
The employer must immediately pay all compensation due, including wages for regular and overtime hours, pay for missed meal and rest breaks, and unused vacation time (if any). Employers must not hold their employee’s final paycheck “hostage” until the employee signs a release. Discharged employees with potential claims, who are asked to sign a release in exchange for additional money, may want to consult with a knowledgeable employment attorney before signing any such document.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and employers. He has been selected as a Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum – a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: wage and hour (overtime) litigation, serious personal injuries, wrongful death, insurance claims, and unfair business practices. His law firm is currently class counsel to thousands of employees seeking payment of wages in California courts. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088. Inquiries to his law office are welcome and at no cost.