The People's Guide

35th Edition 2013-2014

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17 The People's Guide 2013-2014 Worker's Rights • Does not give you your last paycheck immediately upon discharge or within 72 hours if you quit and don't give 3 days notice. • After you lose your job, does not pay vacation time you were promised and have earned. • Does not pay wages owed or pays you with a check that bounces • Does not give you at least 10 min- utes rest break for every 4 hours work and/or a meal break of at least a half hour, which can be unpaid, if you work at least a 5 hour shift. You may be en- titled to "one additional hour of pay" for each meal and rest period violation per day, with a maximum of one hour for all meal periods missed and another hour for all rest periods missed. The law also gives you waiting time penalties. These penalties can be up to 30 days' pay for each day after termina- tion you have to wait to receive all wages owed to you. Wages include regular pay, overtime, vacation pay, and premiums for not getting rest or meal breaks. Free Wage Claim Clinics (for assistance with your case): Legal Aid Foundation of Los Angeles (213) 640-3954 Neighborhood Legal Services (800) 433-6251 To reach the Labor Commissioner's of- fice about wage claims: State Industrial Relations Department, Labor Standards Enforcement, 320 W. 4TH Street, Suite 450. LA,90012. (213) 620-6330. Van Nuys:6150 Van Nuys Blvd. # 206 Van Nuys, 91401 (818) 901-5315. The federal Department of Labor has an office that also helps people with similar problems. Its services are more limited. However, you can file an anonymous complaint with them to avoid retaliation by your employer. Department of Labor, 915 Wilshire Blvd., Ste 960, LA, 90017 1-866-487-9243. 3. Discrimination It is illegal to discriminate against work- ers because of their race/color, sex, re- ligion, national origin, citizenship, age, disability, political affiliation, or sexual orientation. It is also illegal to require sexual favors from an employee (sexual harassment). If you believe you have been discriminated against, you should first talk with an attorney who special- izes in these cases. You can file a complaint at the Federal Equal Employment Opportunity Commission 255 E. Temple, Fourth Floor, LA, CA 90012. (213) 894-1000 They will investigate your complaint and may be able to help solve your problem. If your case requires court action, you will be given a letter authorizing you to file a lawsuit. You can also call the California Fair Employment and Housing Department (800) 884-1684 for discrimination and sexual harassment claims. 4. Work Safety Employers are required to provide safe, healthy work areas. If you are asked to work under unsafe or unhealthy condi- tions, a state agency will investigate your complaint, and your employer may be fined for violating the law. Contact the California Occupational Health and Safety Administration (Cal/OSHA) office nearest your work. The offices are listed in the state government section in the front of the phone book white pages or at htm. 1. State Disability Insurance If you cannot work for a temporary period because of an illness or injury that is not work related, or pregnancy, you may be able to get state disability insurance benefits (SDI). These benefits range from $50 to $1067.00 per week depending on your earnings in a prior quarter, and can last up to one year. (39 weeks for employers and self-employed people who elected SDI coverage) You must be unable to do your regular or customary work for at least eight consecutive days. You must have lost wages because of your disability or, if unemployed, have been actively looking for work. You must have earned at least $300 from which SDI deductions were withheld during a previous period. You must be under the care and treatment of a doctor during the first eight days of your disability. (The beginning date of a claim can be adjusted to meet this requirement.) You must remain under care and treatment to continue receiving benefits. You must apply within 49 days of the date you became disabled or you may lose benefits. You do not need to apply in person to receive benefits. If your disability prevents you from com- pleting the claim form, or you are filing for benefits on behalf of a disabled or dead claimant, call (800) 480-3287 for required forms and instructions. You must also ask your doctor to com- plete and sign the "Doctor's Certificate." If your doctor will mail your completed claim to EDD provide him/her with an envelope addressed to the SDI office listed below. Mail your claim no earlier than 9 days - but no later than 49 days -after the first day you became disabled. Mail the completed, signed "Claim Statement of Employee" together with the completed, signed "Doctor's Certifi- cate" to: • State Disability Insurance P.O. Box 10402 Van Nuys, CA 91410-0402 • State Disability Insurance P. O. Box 513096 Los Angeles, CA 90051-1096 You may not be eligible for SDI benefits if you: • Are claiming or receiving Unemploy- ment Insurance. • Became disabled while committing a crime resulting in a felony conviction. • Are receiving workers' compensa- tion benefits at a weekly rate equal to or greater than the SDI rate. • Are in jail, prison, or recovery home because you were convicted of a crime. • Fail to have an independent medical examination when requested to do so. If you do not have sufficient base period wages and you remain disabled, you may be able to establish a valid claim by using a later beginning date. If you do not have enough base period wages and you were actively seeking work for 60 days or more in any quarter of the base period, you may be able to substitute wages paid in prior quarters. Additionally, you may be entitled to substitute wages paid in prior quarters either to make your claim valid or to increase your benefit amount if during ARE YOU DISABLED?

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