Holiday Pay in Los Angeles

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Although additional payment for employees who work on legal holidays is commonly practiced in many U.S. states, California has its own different state employment law. In the state, employers are allowed to create their own policy regarding days off for holidays and employees’ holiday benefits.

According to California’s Department of Industrial Relations, hours rendered for work on holidays, Saturdays, and Sundays are just like hours worked on any regular day of the work week.

The following are the main points of California employment law regarding holiday pay that Los Angeles employees should know:

•    California labor law does not legally require employers to provide their workers with paid holidays
•    The state does not request California employers to close their businesses on any holiday
•    The law does not require employers to give their employees day off for any legal holiday
•    California employment law does not require employers to provide their employees with special premium for work performed on holidays, Saturdays, or Sundays
•    Labor law in California does not bar employers from creating a policy that aims to provide additional pay to their employees who work on a holiday, a Saturday, or a Sunday

Employers who want to adopt a policy that intends to provide holiday pay for their workers should need to know the legal holidays set by Government Code 6700. Under the Government Code, the following are recognized as legal holidays in the country:

•    New Year’s Day – January 1
•    Martin Luther King Jr.’s Birthday – Third Monday in January
•    George Washington’s Birthday – Third Monday in February
•    Memorial Day – Last Monday in May
•    Independence Day – July
•    Labor Day – First Monday in September
•    Columbus Day – Second Monday in October
•    Veterans’ Day – November 11
•    Thanksgiving – Last Thursday in November
•    Christmas – December 25

It is advisable for employers to consult with Los Angeles labor attorneys to learn more on legalities governing holiday pays because state laws are always changing. Employees, on the other hand, may also seek legal assistance from employment lawyers to know their rights regarding holiday pays in Los Angeles.

Employment Discrimination as Experienced by Asian Employees and Applicants

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Whenever the topic is about employment discrimination based on a person’s race, people tend to automatically think that only African-Americans are the victims. However, the bigger picture of the issue connotes that everyone, regardless of race, can be subjected to workplace discrimination.

In fact, Asians — like Chinese, Korean, Filipino, Vietnamese, Thai — and other race are often subjected to discrimination not because of their inability to do work, but purely because of their race.

Employment discrimination based on a person’s race is against the law. In the United States, pursuant to the Title VII of the Civil Rights Act of 1964, employers with 15 or more employees are strictly prohibited from discriminating against workers, as well as applicants, based on their race or national origin. Hence, it is unlawful for covered employers to terminate, to demote, or to deprive someone of employment benefits only because of his or her race.

In the State of California, Title VII is not the lone law that protects Asian employees and applicants from workplace discrimination. In California, the Fair Employment and Housing Act (FEHA) is in effect. Under this state law, employers with five or more employees are not allowed to base their employment-related actions to an employee or an applicant on his or her race or national origin.

Under the said laws, non-complying employers may be required to pay discriminated employees and applicants with monetary compensation for pain and suffering damages. They may also be asked by the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH) to conduct trainings to their employees on their rights under Title VII and FEHA.

Asian employees or applicants in California who were subjected to discrimination in the workplace may file a complaint with the EEOC or the DFEH. These government agencies have the power to investigate discrimination complaints and to assist the complainant if the claim is proven to be valid.

Additionally, discriminated employees and applicants may seek assistance from a Los Angeles discrimination attorney to learn the appropriate legal actions they have to do.

Resolving Religion Discrimination in Los Angeles Offices

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Religion bias in the workplace is one of the most “unpopular” forms of employment discrimination based on United States Equal Employment Opportunity Commission (EEOC) statistics.

In 2011, the agency only received 4,151 religion discrimination complaints. This number of complaints is definitely lower than the most “popular” type of workplace discrimination, racial bias, with some 35,395 complaints filed in 2011.

Although religion discrimination is not very common in the country, this does not mean that Los Angeles employees and applicants are not susceptible to this form of workplace bias. Hence, Los Angeles office workers and job seekers alike should know the things they must do in case they become subjected to discrimination based on their religion or religious practices.

Information Los Angeles office workers and applicants must know

Los Angeles office employees are often subjected to demanding duties and challenging work nature. Unfortunately, they are not only exposed to these workplace issues, but also to other workplace problems like employment discrimination. Therefore, it is necessary for them to learn the ways on how to deal with discrimination in the workplace.

Office employees who are experiencing or have experienced religion discrimination in the workplace are advised to follow these steps:

1. Forward your concern to the company’s human resources (HR) department – Employees who are being discriminated based on their religion should disclose their concerns with the HR director or manager to have the issued addressed and resolved.

2. Gather evidence – If the issue was not resolved by the HR department, the next step you should do is to collect pieces of evidence that can help you prove your claim. You can take down notes of the details of the discriminatory actions you experienced, and keep employment documents like employee handbook, contract, and company policy on discrimination.

3. Talk to your officemates – If you have officemates who have witnessed the discriminatory actions done to you, it would be best to talk to them. You can get their contact information so that in case you would need a witness to stand for you, you can contact him or her conveniently.

4. File a complaint – After doing the mentioned steps and the discrimination acts still did not stop, your best option would be to file a complaint with concerned government agency. You can file a formal complaint with the EEOC or the Department of Fair Employment and Housing (DFEH) to formally and legally address your concern.

In case you are having a problem dealing with your claim alone, it would be best to consult with a Los Angeles employment lawyer who is experienced in handling office-based discrimination disputes. By doing this, you can be certain that the steps you would take are in accordance with the law.

Can Alcoholics Apply for SSDI Benefits?

Can alcoholics apply for Social Security Disability Insurance (SSDI) benefits? The answer depends on the disability the alcoholic is applying for.

If the alcoholic is applying for benefits due to his or her alcoholism, he or she cannot be entitled to the benefits. However, if he or she is applying for benefits due to a different disability other than being alcoholic.

Alcoholics need not to apply but…

Since 1996, the Social Security Administration (SSA) has not welcomed people applying for SSDI benefits due to alcoholism. According to SSA, alcoholism per se is not considered a serious medical condition but the conditions alcoholism cause may be considered serious illnesses. Hence, alcoholics who are suffering from serious illnesses due to their excessive alcohol intake can apply and be entitled for SSDI benefits.

Applying for SSDI in Los Angeles

Los Angeles citizens who are suffering from alcoholism-caused disability can file for Los Angeles social security disability benefits. However, they must remember that applying for disability benefits is not easy due to the complex and lengthy processes they need to go through. Hence, it is advisable for disability benefits claimants to ask for assistance from a disability attorney who can guide them throughout the application process.

People intending to apply should remember some important key points before formally submitting their application with the SSA, and these are:

Keep all medical records and documents – Applicants should secure and keep all medical documents that prove their disability; otherwise, they cannot be granted with benefits.

Follow medical treatment schedule – The SSA is very particular with applicants’ medical treatment; hence, if the applicant fails to have his or her disability treated or rehabilitated, chances are, his or her application will be turned down.

Hire a legal representative – If your disability makes it difficult or impossible for you to process your application, then you should hire a legal representative who can do it on your behalf.

3 Common Workplace Problems and their Solutions

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Offices are usually packed with office politics and employment issues. If you are a Los Angeles office worker, chances are, you have encountered or are experiencing one or two office issues that affect your work performance. If so, it would be best to know the possible solutions to your work-related problems.

The following are the three of the most common problems Los Angeles office workers experience and the possible solutions to such:

Problem: Workplace gossips

Possible solution: If your coworkers or supervisors often subject you to malicious or fabricated gossips, the best thing you could do is to stay away from the issue. Avoid disclosing unnecessary information about your personal life so that your office-mates cannot use any of your personal information against you.

If the gossips are already affecting your work performance, you may seek assistance from your office’s HR personnel to resolve the issue.

Problem: Discrimination

Possible solution: If you are being subjected to workplace discrimination based on your sex, disability, age (if you are 40-years-old or older), race, color, sexual orientation, religion, or national origin, you have a claim for discrimination lawsuit. Under the law, employees have the right not to be subjected to employment discrimination. Hence, if you are experiencing discrimination in the workplace, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).

You can also seek legal assistance from a Los Angeles employment lawyer who can help you file your complaint and guide you if the complaint reaches court hearing.

Problem: Sexual harassment

Possible solution: Los Angeles employees who are being sexually harassed by their coworkers, supervisors, or employers are advised to file a complaint with the EEOC or the DFEH. Under the law, sexual harassment is considered employment discrimination based on a person’s sex. Sexual harassment victims are advised to get help from employment lawyers to make sure that their case is given due attention and solution.

Laws Protecting California Muslim Workers from Religion Discrimination

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Employment discrimination against a person’s religion is against the law. In the State of California, there are two laws prohibiting employers to discriminate against employees and applicants based on their religious affiliation, beliefs, and practices. They are:

Title VII of the Civil Rights Act – Under this federal employment law, employers with 15 or more employees are prohibited to discriminate against workers and job applicants based on their religious creed and practices.

Fair Employment and Housing Act (FEHA) – This California State law makes it unlawful for employers with five or more employees to discriminate against workers and applicants based on their religious affiliation and practices.

Unfortunately, despite the prohibition of religion discrimination in the workplace, such employment bias is still prevalent in the country. According to the United States Equal Employment Opportunity Commission (EEOC), in 2011 alone, 4,151 religion discrimination complaints were received by the agency.

Muslim workers and applicants in California are not “discrimination-proof”. Hence, Muslim employees and job seekers must know beforehand their rights against religion discrimination. Under Title VII and FEHA, Muslim workers and applicants should not be subjected to discriminatory acts like:

Termination – It is illegal for California employers to fire an employee only because he or she is a Muslim.

Demotion – Employers cannot demote a Muslim worker on the grounds of his or her religion or religious practices.

Denial of application – Denying a qualified applicant’s application only because he or she is a Muslim is against Title VII and FEHA.

Deprival of employee benefits – Employers who are covered by FEHA or Title VII are not allowed to deprive an employee with rightful benefits because of his or her religion.

California Muslim workers and applicants who were discriminated based on their religious belief and practices have the right to file a claim against their employers. Discriminated workers and applicants can file a formal complaint with either the EEOC or the Department of Fair Employment and Housing (DFEH). These two government agencies have the faculty to investigate religion discrimination complaints and to file a lawsuit against non-complying employers.

It is also advisable for religion discrimination victims in California to hire competent employment law attorneys who can assist them in filing a formal complaint with the concerned agencies or a lawsuit against the liable employers.

California Muslim workers and applicants must know their rights under California employment laws to avoid being subjected to workplace bias. Meanwhile, California workers must understand and practice their responsibilities under employment statutes to avoid legal troubles.