AYUDA LEGAL: ACCIDENTE DEL TRABAJO

Si usted ha sufrido un accidente del trabajo, es hora que busque ayuda de un abogado especialista en seguro social para trabajadores (workers compensation). Cuando usted sufre un accidente o enfermedad ocupacional, debe hacer muchas cosas como escoger médicos que le provean tratamiento médico adecuado, pagar facturas médica, y preocuparse por el bienestar de su familia. Nosotros le ayudaremos a navegar el proceso de workers compensation para que usted pueda concentrarse en recuperarse y mejorar su salud. Contáctenos para una consulta inicial gratis. Le referiremos a abogados experimentados en lesiones del trabajo para que trabaje duro a su favor.

Nosotros solo cobramos si usted cobra. Trabajamos con mucho empeño para lograr que usted obtenga la compensación que merece. Llame ahora al (949)371-6243 para una consulta gratis.

San Juan Capistrano, Mission Viejo, Laguna Niguel, Dana Point, San Clemente

CA Workplace Restroom Requirements

Under California Rules and Regulations, employers are required to provide a toilet facility depending on the number of employees. Separate toilets for each gender are required for employers with more than five employees as follows:

Minimum Number of

Number of Employees Water Closets*

1 to 15…………………….1

16 to 35…………………….2

36 to 55…………………….3

56 to 80…………………….4

81 to 110……………………5

111 to 150……………………6

over 150………………………1 additional for

each additional 40

employees or

fraction hereof.

 

There are other regulations regarding the use of urinals as substitute for toilets, and there are also federal regulations that create an almost identical standard.

New California Penalty for Missed “Recovery Periods”

Governor Brown signed into Law SB 435 on October 10, 2013. This law essentially extends the penalty available against employers when an employee is not allowed to enjoy a Meal Period to “Recovery Periods,” i.e., a penalty equivalent to one hour of work.  A Recovery Period is defined as “a cool down period afforded an employee to prevent heat illness” authorized by a governmental agency.  

 

The CA OSHA has a mandate to prevent heat illness that requires employees who work outside a recovery period of no less than five minutes if outside temperature is over 85 degrees.   In such cases, employers should be mindful of the need to make the Recovery Period available to employees and that there is a penalty if employees are prevented from taking a Recovery Period.  


 

On September 26, 2013, Governor Brown signed the California Domestic Workers Bill of Rights.  The new law will only be effective from January 1, 2014 to January 1, 2017.

 

Under the new law, certain domestic workers have the right to earn overtime for work performed in excess of 9 hours per day or 45 hours per week.  The overtime rate is time and one half the regular rate of pay. This is a link to the new law (AB 241):  http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB241


 

Defendant Employer To Get Attorneys’ Fees only if wage claim was brought in bad faith

The Governor signed SB 462, on or about August 26, 2013, which amends California Labor Code Sec. 218.5 to require “bad faith” by a Plaintiff Employee for a prevailing employer to recover attorneys’ fees. Sec. 218.5 deals with a claim for “wages, fringe benefits, or health and welfare or pension funds contributions.” The amendment also clarifies that it does not apply to attorneys’ fees recoverable under Labor Code Sec. 1194 (minimum wage & overtime).

www.rcpc.com

New Form I-9 (March 8, 2013)

From the Department of Homeland Security:

U.S. Citizenship and Immigration Services sent this bulletin at 03/08/2013 04:32 PM EST

Dear Stakeholder,

 
 

(The earlier version of this message had an incorrect phone number which has been deleted from this version.  Please disregard the earlier version.)

 
 

 
 

U.S. Citizenship and Immigration Services (USCIS) today published a new Form I-9, Employment Eligibility Verification. The form is available for immediate use by employers. Employers who need to make necessary updates to their business processes to allow for use of the new Form I-9 may continue to use other previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013 date. After May 7, 2013, all employers must use the revised Form I-9 for each new employee hired in the United States.

 
 

The revised Form I-9 has several new features, including new fields and a new format to reduce errors. The instructions to the form also more clearly describe the information employees and employers must provide in each section.

 
 

English and Spanish versions of the new form are available online at www.uscis.gov and I-9 Central.

For more information, please call 888-464-4218 or visit I-9 Central online.

 
 

In addition, USCIS will be hosting a stakeholder teleconference on Monday, March 11, 2013, at 2 p.m. (Eastern) to discuss and answer questions about the form revisions.  

 
 

To Join the Session 

Please use the information below to join the teleconference. We recommend that you call in 20 minutes before its start.

Call-in Number: 1-888-469-1753

Passcode: I-9

 
 

Kind Regards,

Public Engagement Division 

U.S. Citizenship and Immigration Services 

www.uscis.gov/outreach 

 
 

 
 

Form I-9 Teleconference Invite.pdf

 

 

 

 

    

 

What Is The Effect Of A Severance Payment On California Unemployment Benefits?

If you receive a settlement after leaving your employment, will that payment affect your ability to receive unemployment benefits in California?

The answer is maybe. According to the California Employment Development Department (EDD), payments received from a former employer for damages or other payments are not considered to be “wages” and, as such, do not have a negative impact on the ability to receive unemployment benefits. The Total and Partial Unemployment (TPU) Division of the Benefit Determination Guide (BDG) of the EDD (http://www.edd.ca.gov/uibdg/) defines wages as compensation for personal services.  Section TPU 460.3 explains that damage payments and other types of awards that are not paid in exchange for personal services do not fall with the definition of wages for unemployment purposes.  “Only if the damage payments received are for personal services are they wages within the meaning of Section 1252 of the Code.”  Wages are considered earned during the time which the claimant performed the services.
 This means that the settlement payment is not considered wages when it is paid if you did not perform services after leaving their employ.   

Also, liquidated damages are not “wages” because they are not paid as remuneration for personal services.  “Therefore, they would not render the claimants ineligible for unemployment insurance benefits. Those payments, in effect, are merely indemnification for losses.”  For a detailed discussion, see: http://www.edd.ca.gov/uibdg/Total_and_Partial_Unemployment_TPU_4603.htm.

However, the EDD could take the position that a severance payment given to a former employee has a wage component and, for that reason, may partially or totally considered to be wages.

 

Cancellation of Health Benefit For Employee Failure to Pay Fair Share of Premium During FMLA Leave

Under the applicable federal regulations, an employer is allowed to terminate the health insurance benefits of an employee who has failed to pay his or her fair share during an FMLA leave. However, the regulations require for such premium payments to be more than 30 days late, and the employer has to give the employee at least a 15-day prior notice of cancellation.

Should the employee return to work, however, the employer is required to restore the health insurance benefits. The employer may then try to collect any outstanding balance from the employee, but the employee would be entitled to continue as a member of the benefits plan.

Payment of “Bonus” Affects Overtime Rate of Pay

In California, the “regular rate of pay” for overtime purposes must consider all forms of compensation given to the employee including, commissions and non-discretionary bonuses.  A non-discretionary bonus means that neither the formula for calculating the bonus nor when the employee will earn the bonus is left at the discretion of the employer.   

 

Because the bonus was “earned” during regular an overtime hours, the employer has to pay the employee more money for the overtime hours already worked.  The calculation is made by dividing the amount of the bonus by the total hours worked (including overtime) during the bonus generating period.

 

For an interesting discussion of this subject, see the case of Marin v. Costco

Paid Time-Off To Vote

California Election Code requires employers to give a Notice to employees advising them of a paid leave to vote during a statewide election. The paid-time-off to vote is available for employees who, because of their work schedule, do not have enough time to vote during the voting hours of 7 a.m. to 8 p.m.  Employees are entitled to pay for up to two hours, but they can take as much time as they need to vote. Employers have the right to ask employees to give advance notice of the taking of such leave. The employer also has the right to ask the employee to take time-off at the beginning or end of his or her shift.

The California Secretary of State has published the following form, which should be posted 10 days prior to the election, at: http://www.sos.ca.gov/elections/tov_final.pdf