Are there things that are frowned upon? Things you could get fired for? Below, we will be talking about a few examples of workplace etiquette and what you should and shouldn’t be doing.

The Do’s

– Make Sure You’re On Time: You should make it a habit to leave your house at the same time every day – and account for things like traffic. If your boss or manager sees that you’re late every day they might take it as a sign that you don’t care about your job! This is such a common error in workplace etiquette that so many people make!

– Help Your Co-Workers: Whether you are giving someone a helping hand in a project or sharing a piece of wisdom you’ve learned over the years it’s always a good idea to help your co-workers out if they need help.

– Adopt The Code Of Conduct: Make sure when you start a new job that you read their employee handbook. It’s going to include tips such as what the dress code is, how parking is handled, who to talk to if you have issues at work and more.

– Stay Positive and Smile!: No one likes grumpiness in an office setting, especially if it’s a small office. Try to stay as happy and positive as you can. This might not be considered the usual for workplace etiquette, but it can make those around you happier.

– Keep Copies Of Everything: If you have workplace contracts, time cards, pay stubs or anything else that involves your time on the job, make sure you keep everything in a folder at home. This way you can refer to them later if you have any issues with payments or time worked and proof.

The Don’ts

– Don’t Gossip: People don’t like grumpiness, but they also don’t like that co-worker that constantly gossips about everyone or bad mouths people – or worse the boss. Even if everyone is laughing while it’s happening it could short change you in the future if one of the higher ups finds out about it.

– Don’t Overstep: If you hear a conversation going on that involves religious, racial, or sexual overtones – stay out of it. It’s work. You’re there to work, not to make fun of people behind their backs.

– Don’t Try To Become Your Boss’s Right Hand: Most of the people out there that get promotions or move up in a company do so on their own accord. They work hard, they get to work on time, they get more projects done and they show that their job is important to them.

You don’t need to suck up to the boss or try to court favor in order to move up in the company. Just work hard!

– Don’t Lie About Your Mistakes: Everyone makes mistakes! The worst thing you can do is lie about making a mistake – or worse blaming it on someone else. Make sure that you have integrity and professionalism. If you’re dishonest about your mistake not only does it make you look bad, but it can ruin trust with you and your boss or you and your co-workers.

Working at a job, for the most part, is easy. You got hired to do a specific job. Come in on time, do your work, get along with people at your job, and go home. Don’t get involved with less-than-savory activities like gossip or joking about someones sexual orientation – and you’ll be just fine.

Photo Credit: Shutterstock Jacob Lund/Rawpixel.com 

The post Employee Do’s & Don’ts In The Workplace appeared first on UELG.

California takes serious care of their employees. This means that employees in California enjoy a wide array of employee protection like overtime pay when work exceeds 8 hours per day, rest breaks and meal breaks to name a few. California’s labor code can be mind-boggling for many, but this article is going to help you clear things by enumerating some of the common wage-related violations of the state. More importantly, this article is going to provide you with an idea on what to do in case you are a victim of such violations.

Common Wage Violations In California

* Minimum Wage Violations – After January 1, 2016, the minimum wage in California is set at $10 per hour. Some cities have an even higher minimum wage, like San Francisco’s $12.25 per hour. If you are receiving less than the required minimum wage, then you may be a victim of wage violations.

* Tip Credit – in some states, employers are allowed to pay less than the minimum wage just as long as the employee can make more than the prescribed minimum when factoring the employer’s wage plus tips. This is also known as a tip credit. However, in California, this does not apply. An employer must pay the minimum wage. This also means that the employees get to keep the tips.

* Overtime Violations – employees in California have the right to overtime pay. In fact, California has two kinds of overtime pay. There’s the one and a half overtime pay and double overtime pay. The specifics about the overtime pay can be confusing. Thus it’s best that you consults with a professional.

* Rest and Meal Break Violations – according to California’s labor code, employees are entitled to a rest and breaks. After the first 5 hours of working, an employee is entitled to a 30-minute unpaid break. After working 10 hours, an employee is entitled to a second meal break. Furthermore, for every hour hours, an employee is entitled to a 10-minute paid breaks.

Keep in mind that this is just a fraction of the common wage-related violations in California. If you think you are a victim of such violations, here’s what you can do.

What You Can Do About It

If you are a victim of a wage violation, then you can either submit a report through this website https://dir.tfaforms.net/53, or you can download this form https://www.dir.ca.gov/dlse/DLSE1_BOFE.pdf, fill it up and submit it to the Labor Commissions Office.

However, the best thing you can do is to consult with a California labor attorney. Don’t worry if you think you don’t have money to file a lawsuit. In most cases, if you have a strong case, you are not obliged to pay upfront. If you need help in this area, let us know.

Photo Credit: Shutterstock/Billion Photos

The post Common Wage Violations appeared first on UELG.

Most employers are not aware that they are not legally required to allow their employees take holiday off. However, in order to boost productivity and retain employees, California employers offer vacation as a benefit of employment.

Employers who choose to offer vacation must follow certain guidelines. In California, accrued vacation is considered as a form of wages that have been earned by an employee. This means that it cannot expire and should be paid to the employee upon termination of employment. The same rules applies to paid time off.

Generally, vacation accrues with time as the employee works. Therefore, if the vacation policy allows for ten days of vacation every year, he or she can accrue five vacation days in six months. But employers can designate a wait period at the beginning of the employment before vacation days begin to accrue. Usually, the wait period correlates to 90 days but it can be as long as the entire first year of employment.

Though California does not allow use it or lose it vacation policy where the accrued vacation should be used within a certain period or it is forfeited, employers can place a cap on the accrual of vacation days. This means once the vacation days reach a certain number, they stop accruing until they are used up. This helps employers to maintain control over accrual of vacation days and prevent employees from getting unreasonable amount of vacation time.

California law allows employers to give vacation days to a certain group of employees and not others as long as they do not discriminate against gender, race or religion. For example, vacation may be limited to the managers only or full time employees.

Sick leave is not subject to the same rules as paid time off and vacation days. As of July 2015, California employers should provide a reasonable number of paid sick days per year.

California also observes legal holidays at which time the government offices are closed. The official federal holidays are: every Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, admission day, Columbus Day, Veterans Day, December 25, Good Friday, Lincoln day, President’s Day (Washington’s Birthday) and Dr. Martin Luther King, Jr. Day.

However, California employers are not legally required to pay employees when they close for business of legal holidays. If an employee works on official holidays, they are paid their usual rates unless stated otherwise in the employment policy or when the employer works in excess of 40 hours a week. Saturdays and Sundays are also paid the same rate as weekdays.

Additionally, California law does not require employers to close their businesses during official holidays or give their employees day off on such days. Weekend or holiday days are paid at the discretion of the employee and according to the employment policy.

Photo Credit: Shutterstock/Monkey Business Images

The post California Holiday Vacation Law appeared first on UELG.

Pay for an on-call time” is becoming a greater issue as the “on-call” practice is widespread due to the number of high-tech communication tools that allow employees to respond to work-related problems after normal business hours. Employees can be kept in contact with the technological innovations that allow 24/7 communication. This practice has generated more flexible work arrangements, as well as a few problems.

The thrust of the question about “on-call time” is this: If the employee is not allowed to use the designated “on-call time” for their benefit and enjoyment, then the time can be considered payable time. If, however, the employee has control of and use of this time for their own benefit, then it will not be counted as payable time in total. However, the courts use several factors to determine if the “on-call time” is work time and should be paid for. The following is a partial list of the key factors:

> The frequency of the calls.

> The expected response time

> The length of work time involved

> The length of work time required

> What, if any, restrictions are placed on how far the employee may have to travel.

> The ability of the employee to switch shifts.

As you can observe, “on-call” time must be assessed by each case because there is no way of implementing one rule for every case. Here are a couple of examples which will help to illustrate the differences between paid and unpaid “on-call” time:

1. An employee of a health care clinic is required to be on duty during evening and weekend hours. This duty is rotated but it requires an employee to be available to answer calls. During this period, the employee cannot engage in any personal activity, and they must be able to take a phone call immediately. The employee’s time during the “on-call” period is not their time, and they cannot use it for their enjoyment. The employee must be paid for the entirety of this “on-call” period.

2. A construction materials supply company receives calls from its customers requesting information after normal business hours. An employee is required to be available for answering these questions. However, the employee’s activities are not restricted. Compensation in this case must be determined by applying the above key factors.

A key consideration in determining employer pay liability is whether the employee is under the control of their employer. An employee can be required to sit at a job site and do nothing but be available should an issue arise. In this case, the employee must be paid for the time since their movement is severely restricted and so are the hours available for their enjoyment.

It is legal for an employer to pay different rates for different kinds of “on-call” work, but they must be paid at least the lowest wage established for the other hours they have worked during the week, but overtime pay is calculated based on the type of work they are doing in excess of their 40-hour work week.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

Photo Credit: Shutterstock/ Billion Photos

The post Should I Be Paid For My On-Call Time? appeared first on UELG.

There is often some confusion among workers as to which activities are considered “work” for which they must be paid, as opposed to activities for which the employer has no legal obligation to pay the employee. “Work time” is considered any activity that is controlled by and benefits the employer, hence why it needs to be paid time. Not only does this include “on-the-clock” work time, but it also includes any “off-the-clock” time which you spend performing job-related activities.

The time you spend performing work-related activities that the employer permits is work time, whether on your employer’s premises or not, is considered payable work time. Work done “at home” or at a place other than the normal work site is work, and the time must be counted as work time for which you are paid. “Voluntary” work is work, and the time must be counted. If your employer is aware that you are working “off-the-clock” it is his or her responsibility to keep track of the hours you spend working and pay you accordingly.

Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked.  Bona fide meal periods (typically 30 minutes or more) generally are not considered or compensated as work time.

While all actual work time must be counted, only actual work time must be counted. This means that hours where you are not working do not count as work time, even if you are paid for them. For example, leave time (paid time off such as vacation, holiday, and sick time) and meal time are not considered work time. In addition to leave time and meal periods, other potential “time not worked” may include some travel or sleep time and the time you spend washing up or changing clothes before or after work.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/work-time

Photo Credit: Shutterstock/Vlad Teodor

The post What is Considered Paid Work Time? appeared first on UELG.

The Californian law does not dictate that vacations are mandatory. Due to the importance these have on the employee morale and subsequently the business returns however makes it an ideal option for many employers. A holiday allows the employee some time off work so that he or she can relax and come back with renewed energy. When an employer decides to allow vacations there are some rules that they must follow.

Vacation duration

This is solely determined by the employer and can range from a few days to a month as they may deem fit. This decision however should not be biased depending on factors such as gender, religion and sex. Other than how long the vacation can last, the employer also determines when these vacations cannot be taken. These will usually be periods when the business is at its peak. The maximum number of employees that can be on vacation at any given time is also determined by the employer.

Who qualifies to have vacations? This is also at the discretion of the employer. Not everyone in the company may be allowed a vacation. Some will allow only the managers while others will allow only the permanent employees and others allow all employees to have this privilege. So long as there is no biasness based on personal traits like race then it is legal.

Sick leaves

Under the Californian law, an employer must provide a minimum number of paid sick days in a year for all its employees.

Accrual

While some employees will be glad to go on vacation, others prefer to work all year round. The latter can gain from vacation accrual law which states that from when an employer deems it fit for the employee to have paid vacations, the dues accrue. The days also accrue and you can go on a longer vacation in the next. In California, accrued vacation is considered as unpaid wages if not used. This wage continues to accrue unless there is a cap set on the vacation accrual. The law permits employers to place a reasonable cap, that is, a period after which the accrual stops. There is no actual set value but 1.5times the annual accrual rate is acceptable.

Employers can advance vacations to their employees is they deem it necessary.

Payout

Accrued vacation must be paid to the employee when he or she loses the job be it through being fired or quitting. It is part of the wages the employee has earned at the company and needs to be paid in the final wage. Advanced vacations however may not be deducted from the employee’s final cheque.

On the other hand sick days do not need to be paid off upon separation unless they are included in a general PTO policy.

All payout needs to be paid on separation as per the law or a waiting charge of daily wage for up to 30 days will apply.

Paid time off

This may come on any day of the year or on special days like birthdays, Christmas and anniversaries (known as floating holidays). When on a special occasion these are not considered as vacations but for the prior they are and need to be paid out upon separation.

Photo Credit: Shutterstock/sirtravelalot

The post California Rules on Vacation and Paid Time Off appeared first on UELG.