Is There A Time Limit For Filing A Discrimination Complaint?

Tue, 29 May 2007 21:19:00 GMT

You have one year from the date of the alleged discriminatory act in which to file a complaint.

Am I Eligible For Benefits If Am Fired Or Quit?

Tue, 29 May 2007 21:19:00 GMT

The EDD will send a Notice of Claim Filed to your last employer and give your employer the chance to report information about the circumstances of your termination from employment. In addition, the EDD will contact you and your employer to get more information on how the job ended. The Department will then determine whether or not you are eligible, based on California laws and regulations.

A determination is a written notice mailed to the claimant and/or an employer that provides a decision on a claimant's eligibility for UI benefits. The determination is issued by EDD and may be based on the reason the claimant's job ended, or other eligibility issues.

Are Minors Prohibited From Any Specific Jobs?

Tue, 29 May 2007 21:19:00 GMT

In California no worker under 18 may:

Drive a motor vehicle on public streets as part of the job
Drive a forklift
Use powered equipment like a circular saw, box crusher, meat slicer, or bakery machine
Work in wrecking, demolition, excavation, or roofing
Work in logging or a sawmill
Handle, serve, or sell alcoholic beverages
Work where there is exposure to radiation

Also, no one 14 or 15 years old may:

Do any baking or cooking on the job (except cooking at a serving counter)
Work in dry cleaning or a commercial laundry
Do building, construction, or manufacturing work
Load or unload a truck, railroad car, or conveyor
Work on a ladder or scaffold

For additional information on the types of work that minors are permitted to engage in, you can review and/or download the Child Labor Law Pamphlet 2000 .

Are There Restrictions On A Minors Work Hours?

Tue, 29 May 2007 21:19:00 GMT

You can refer to the Guide for Working Teens or the Child Labor Law Pamphlet 2000 for information on work hour restrictions and other pertinent information.

Are There Training Programs Available To Help Individuals Entering The Workforce?

Tue, 29 May 2007 21:19:00 GMT

Yes, the Employment Development Department administers the Workforce Investment Act (WIA) . WIA programs provide job training and direct employment opportunities to the local community. This includes all adults and youth, especially dislocated workers, public aid recipients, veterans, older workers, and minorities. At the local level, a statewide network of Local Workforce Investment Areas (LWIA)receive WIA funds to maintain current employment and training programs and to establish new programs.

Are Undocumented Workers Protected By California Labor Laws?

Tue, 29 May 2007 21:19:00 GMT

Yes. All California workers, whether or not they are legally authorized to work in the United States, are protected by state laws regulating wages and working conditions.

Are Vacation And Holiday Pay Deducted From My Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you are not given a definite date to return to work, any vacation pay or holiday pay paid to you when your job ends is not deducted from your weekly benefit amount. If you are given a definite date to return to work, any vacation or holiday pay for the period of the temporary layoff is deductible from your benefits.

Can I Appeal A Denial Of Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You have the right to file an appeal if you do not agree with all or part of the decision. An employer or claimant who disagrees with a Notice of Determination, or Notice of Modification and wants to file an appeal must complete an Employment Development Department Appeal Form, DE 1000M or send a letter to EDD at the address shown on the notice. The letter must contain:

Claimants must include their name, address, and telephone number; social security number, and the reason for the appeal. For employers, the letter must contain the company's name, address, telephone number, and reserve account number; the former employee's name, and social security account number; and the reason for the appeal.

The decision will be reviewed and if it is correct (according to state law and regulation), the appellant is sent a notice that the appeal has been sent to the Office of Appeals. The Office of Appeals schedules the hearing, sends information about the hearing, and advises the employer and claimant where and when to appear for the hearing.

The hearing notice contains important information about the appeals process. An Administrative Law Judge hears the appeal and testimony is taken under oath. After the hearing, the Administrative Law Judge mails a decision to all parties.

Can I Collect Sdi And Unemployment Insurance At The Same Time?

Mon, 04 Jun 2007 21:51:22 GMT

No. The laws governing the SDI program state that you are not eligible to receive SDI during a period of time for which you are eligible to receive Unemployment Insurance.

Can Individuals Who Are Not U.S. Citizens Collect Unemployment Insurance Benefits?

Tue, 29 May 2007 21:19:00 GMT

To collect UI benefits aliens must establish that they were in satisfactory immigration status and authorized to work in the United States when earning the wages used to establish their claim. In addition, the claimant must provide proof that they remain in satisfactory immigration status and are authorized to work each week that benefits are claimed. EDD verifies immigration status and work authorization through an electronic system maintained by the Immigration and Naturalization Service.

Does The Edd Have Any Type Of Program To Assist Me In Finding Employment?

Tue, 29 May 2007 21:19:00 GMT

The EDD Job Service provides access to employer job listings and to other employmentrelated services provided by EDD and other local agencies. Job seekers can use the Internetbased CalJOBS to search a database of employer job listings, and can enter their own applications for employers to view. EDD's job listings are also available in the national America's Job Bank system, along with job openings from all other states.

Does The Pobar Act Apply If An Officer Is Interrogated By An Outside Agency?

Tue, 29 May 2007 21:19:00 GMT

POBAR only covers an officer if his or her commanding officer or any other member of the employing public safety department interviews him or her. An officer who is interrogated by a member of another police agency on a criminal matter is not entitled to protection under the Act. For example, if the FBI or DEA interviews a local cop, the local cop is not covered by POBAR. The officer should consult with his or her union and/or an attorney.

For What Reasons May An Employee Take Leave Under The California Family Rights Act (Cfra)?

Tue, 29 May 2007 21:19:00 GMT

An eligible employee may take a jobprotected leave of absence for the birth of a child for purposes of bonding, for placement of a child in the employee's family for adoption or foster care, for the serious health condition of the employee's child, parent, or spouse, and for the employee's own serious health condition. The leave may total up to 12 work weeks in a 12month period. It does not need to be taken in one continuous period of time.

How Do Employees File Partial Claims?

Tue, 29 May 2007 21:19:00 GMT

The employees can contact EDD to file a claim for partial UI. They should be prepared to provide the following:

Name and social security account number
Address and telephone number
Date of birth and gender
Last employer name, address, and telephone number
Last date worked
Citizenship status

How Do I End My Claim For Benefits?

Tue, 29 May 2007 21:19:00 GMT

It is not necessary to contact EDD to stop your payments. Just stop mailing your continued claim form. The EDD will assume that you are no longer claiming benefits.

How Do I File A Claim For Benefits?

Tue, 29 May 2007 21:19:00 GMT

You can file for benefits using one of the following methods:

1. Contact the Employment Development Department by telephone:English: 18003005616 Spanish: 18003268937 TTY: 1800 8159387

2. Access eApply4UI :

The eApply4UI application is available as from the EDD home page. Answers to questions are entered online. After the application is completed the individual submits it online to the Department.

Complete an Unemployment Insurance Application: DE 1101I English DE 1101I/S/ Spanish

The DE 1101 I is printed, completed by hand and either faxed or mailed to the Department:

EDD
P.O. Box 419000
Sacramento, CA 958419000

Fax: 18662159159

How Do I File A Wage Claim?

Tue, 29 May 2007 21:19:00 GMT

First you must complete the Initial Report or Claim, DLSE Form 1. Copies of supporting documents should be attached to the claim form. File your claim either by mail or in person with your local office of the Division of Labor Standards Enforcement. Click here to locate the DLSE office that handles wage claims for the city/location/community where you performed the work.

How Do I Know If I Am Eligible To Receive Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

To be eligible for benefits, you must meet the following criteria:

1. Out of work due to no fault of your own;

2. Physically able to work;

3. Actively seeking work;

4. Ready to accept work.

How Do I Receive Payments?

Tue, 29 May 2007 21:19:00 GMT

Payments are made using a Continued Claim Certification, DE 4581. Claimants complete this certification and mail it to EDD every two weeks. If all eligibility requirements are met a check is mailed to the claimant. Attached to the check is a certification for the next two weeks.

How Do Self-Incrimination And The Lybarger Warning Affect An Interrogation Under The Pobar Act?

Tue, 29 May 2007 21:19:00 GMT

An interrogation of an officer can be administrative or criminal. The employer can order an officer to answer questions. POBAR requires that if an officer refuses to answer questions on the ground that the answers may be selfincriminating, or if it appears that the officer may be charged with a criminal offense, questioning must be preceded by a Lybarger warning.

How Does An Employee File A Complaint For Employment Discrimination?

Tue, 29 May 2007 21:19:00 GMT

To file a complaint of employment discrimination, call the appropriate telephone number found by viewing the Department of Fair Employment and Housing Contact Information . If the matter falls within the Department's jurisdiction, you, or the person you represent, will be given an appointment for an interview at the nearest DFEH office.

Department staff conduct impartial investigations in which records are reviewed and relevant witnesses are interviewed. An investigation may be conducted on site and/or through telephone interviews. The Department has the authority to take depositions, issue subpoenas and interrogatories and seek Temporary Restraining Orders during the course of its investigation. All evidence gathered is analyzed to determine if a violation of the Fair Employment and Housing Act has occurred. In making its determination, the Department considers evidence from both sides as well as from any neutral parties the Department may have contacted.

The Department has up to one year from the date a complaint is filed in which to complete an investigation and issue an accusation for public hearing if it is justified.

How Does The Pobar Act Apply To Interrogations By The Press Or Media?

Tue, 29 May 2007 21:19:00 GMT

The employer cannot cause a public safety officer under interrogation to be subjected to visits of the press or news media without the officer`s express consent. The officer`s home address and photograph also cannot be given to the press or news media without the officer`s express consent.

How Does The Pobar Act Treat Adverse Entries Into An Officer's Personnel File?

Mon, 04 Jun 2007 21:51:22 GMT

Officers have the right to receive notice of adverse comments entered into their personnel file and have 30 days to write a rebuttal. The officer must be given the opportunity to sign the adverse document indicating that her or she is aware of it. If the officer refuses to sign, that fact is noted on the document and signed or initialed by that officer. The important thing here is notice and opportunity to appropriately respond. A public agency does not have to comply if it gives the officer greater protections, such as an administrative appeal hearing.

How Does The Pobar Act Treat Employer Searches And The Officer's

Tue, 29 May 2007 21:19:00 GMT

POBAR specifically addresses searches and provides that any space under the employer`s control (such as a personal storage space or locker) may be searched by the department if the officer is notified, or if the officer is present and gives consent. If the employer does not wish to do either, the employer must obtain a valid search warrant. However, if the officer has a reasonable expectation of privacy, such searches may violate the constitutional restrictions against unreasonable searches and seizures. In such cases, the employer may search if it meets a reasonable standard. If it`s not work related or a criminal matter, the employer may need to obtain a warrant. It is recommended that if the employer wants to avoid lawsuits, POBAR violations and the exclusion of evidence, then the employer should obtain the officer`s consent or a valid search warrant.

How Does The Pobar Act Treat Polygraph Examinations?

Tue, 29 May 2007 21:19:00 GMT

Under POBAR, the officer has an absolute right to decline to take a polygraph examination. No disciplinary action or other reproach can be taken against an officer for refusing to take a polygraph. Nor can there be any comment to the refusal mentioned in the investigation, testimony, hearings etc. This does not apply to the use of a polygraph examination being used to screen applicants for employment, or applicants voluntarily seeking transfer to a sensitive assignment within a police department.

How Does The Pobar Act Treat The Officer's Right To An Administrative Appeal?

Tue, 29 May 2007 21:19:00 GMT

POBAR provides that an officer must be given an opportunity for an administrative appeal whenever there is a punitive action against that officer or denial of promotion on grounds other than merit. Punitive action is any personnel action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for the purposes of punishment. An administrative action that results in a reduction of pay is per se a punitive action. However, a denial of a merit salary increase because of an unfavorable performance review is not a punitive action on its face and no administrative appeal is necessary.

How Does The Pobar Act Treat The Right Of Privacy Of Personal Property?

Tue, 29 May 2007 21:19:00 GMT

Under POBAR, an officer has the right to maintain the privacy of his or her property, income, assets, source of income, debts and personal or domestic expenditures including those of his family etc. This right of privacy, however, does not apply to information obtained or required under law or proper legal procedure that tends to indicate a conflict of interest with the officer`s official duties or necessary to ascertain the desirability of assigning the officer to a specialized unit.

How Long Can I Collect Sdi Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may collect up to 52 weeks of full SDI benefits, or the amount of wages in your base period, whichever is less. You may be paid for periods longer than 52 weeks if your benefits are reduced because you returned to work on a parttime basis, or if you received other money during your disability period.

How Long Do I Have To File A Wage Claim?

Tue, 29 May 2007 21:19:00 GMT

A claim based on a written agreement must be filed within four years. A claim based on an oral agreement must be filed within two years. A claim for minimum wage, unpaid overtime, and other statutory claims must be filed within three years from the date the claim arose.

How Long May A Woman Be Off Work For Pregnancy?

Tue, 29 May 2007 21:19:00 GMT

Under California law, an employer must provide up to four months disability leave for pregnant women. If more than four months of leave is provided for other types of temporary disabilities, the same leave must me made available to women who are disabled due to pregnancy, childbirth, or a related medical condition. Pregnancy leave is required only when a woman is actually disabled. This includes time off needed for prenatal care, severe morning sickness, doctorordered bed rest, childbirth, recovery from childbirth, and related medical conditions.

How Many Days Must You Be Off Work To Receive Sdi Benefits?

Tue, 29 May 2007 21:19:00 GMT

Since every claim for SDI has a sevenday, nonpayable waiting period, you must be disabled at least eight calendar days to collect benefits.

How Much Unemployment Compensation Can I Receive?

Mon, 24 Mar 2008 20:48:18 GMT

Benefits are calculated using the individual's earnings during the 12month base period. The base period begins approximately 15 to 17 months prior to the date the claim is filed. The amount you receive each week is calculated based on the calendar quarter with the highest earnings during the base period. Weekly benefits range from $40 to a maximum of $450 depending on the claimant's quarterly earnings. A claim is effective for one year. The maximum award is 26 times the weekly benefit amount or one-half of the total base period wages, whichever is less. When you have received your maximum award, no further benefits are payable. You cannot file another California UI claim until your current claim year ends. During periods of high unemployment, Congress, or the State Legislature may grant additional benefits.

Is There A Law Regarding Required Paydays?

Tue, 29 May 2007 21:19:00 GMT

Yes. Semi monthly paydays are required.

Must I Pay Taxes On My Unemployment Insurance Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes, you must pay federal taxes on your benefits. You can have 10% of weekly benefits withheld by requesting so on your Continued Claim Certification, question seven.

Please Explain The Work Opportunity And Welfare To Work Tax Credit (Wotc).

Tue, 29 May 2007 21:19:00 GMT

The purpose of the WOTC is to help individuals who qualify as a member of a target group to get a job and to help employers who hire these individuals by giving them a credit on their federal taxes.

The WOTC target groups are as follows:

Qualified recipients of Temporary Assistance to Needy Families (TANF).
Qualified veterans who are receiving Food Stamps.
Qualified economically disadvantaged exfelons hired no later than one year after conviction or release from prison.
High risk youth ages 18 through 24 who reside in a federally designated Empowerment Zone, Enterprise Community, or Renewal Community.
Vocational Rehabilitation referrals.
Qualified summer youth ages 16 through 17 who reside in a federally designated Empowerment Zone, Enterprise Community, or Renewal Community and have not previously worked for the employer seeking this tax credit.
Qualified Food Stamp recipients ages 18 through 24.
Qualified recipients of Supplemental Security Income (SSI).
Longterm recipients of TANF/Aid to Families with Dependent Children (AFDC). (Individuals hired on or after January 1, 1998.)

The amount of the credit varies by target group. The tax credit for target groups A, B, C, D, E, G, and H is 40 percent of qualified first year wages up to $6,000 if the individual is retained for at least 400 hours. If the individual is retained less than 400 hours but at least 120 hours a 25 percent tax credit is available on qualified first year wages up to $6,000.

The exception is target group F (summer youth). The maximum amount of wages to which the tax credit may be applied shall not exceed $3,000.

The tax credit for target group I, longterm recipient of TANF/AFDC hired on or after January 1, 1998, is 35 percent of first year qualified wages up to $10,000 and 50 percent of second year qualified wages up to $10,000. The individual must be retained at least 180 days or 400 hours. In certain circumstances you may be able to claim either the 40 percent of $6,000 tax credit or the 35 percent of $10,000 tax credit.

Under The Pobar Act Are There Rules For The Scheduling Of An Interrogation?

Tue, 29 May 2007 21:19:00 GMT

According to POBAR, an interrogation is to take at a reasonable hour, unless the seriousness of the investigation requires otherwise. This should be done preferably at a time when the public safety officer is on duty. An interrogation that occurs during offduty time shall result in compensation for such off duty time in accordance with regular department procedures.

Under The Pobar Act Are There Rules Regarding The Nature Of The Interrogation?

Tue, 29 May 2007 21:19:00 GMT

POBAR requires that the officer be informed of the name, rank and command of the interrogator and the identities of everyone present during the interrogation. Prior to the interrogation, the officer must be informed of the nature of the investigation. Only 2 persons can do the interrogating. The interrogation itself shall be for a reasonable period of time, and the officer shall be allowed to attend to his or her own personal physical necessities (breaks, water, bathroom etc.). The Officer is not to be subjected to offensive language or threatened with punitive action (except if an officer refuses to answer questions related to the investigation or refuses to submit to the investigation that the officer can be informed that such failure may result in punitive action.) No promise of reward can be made as an inducement to answer questions.

Under The Pobar Act Are There Rules Regarding The Recording Of An Interrogation?

Tue, 29 May 2007 21:19:00 GMT

Under POBAR, the complete interrogation may be recorded. The officer has the right to bring his or own tape recorder and record the interrogation. If the employer makes a tape, the officer shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. Recordings cannot be made secretly.

Under The Pobar Act Can A Statement At The Interrogation Be Admissible In Civil Proceedings?

Tue, 29 May 2007 21:19:00 GMT

Generally, no statement made by the officer under duress, coercion, or threat of punitive action can be admissible in any subsequent civil proceeding considering the following:

POBAR is not intended to limit statements when the employing public safety department is seeking civil sanctions against an officer, including disciplinary action.
Can be admissible if officer brings civil action arising out of a disciplinary action.
Can be used to impeach the testimony of an officer after an in camera review to determine whether the statements serve to impeach the testimony of the officer.
Can be used if the officer is subsequently deceased.

Under The Pobar Act Can An Investigation Be Re-Opened After It Was Closed?

Tue, 29 May 2007 21:19:00 GMT

Notwithstanding the oneyear time period, an investigation may be reopened against an officer if significant new evidence has been discovered that is likely to affect the outcome of the investigation and (1) that evidence could not have reasonably been discovered in the normal course of the investigation without resorting to extraordinary measures by the employer or (2) the evidence resulted from the officer`s predisciplinary response or procedure. (An officer should consult with his or her union or appropriate counsel before giving a predisciplinary response.)

Under The Pobar Act Can An Officer Be Re-Assigned During An Investigation?

Tue, 29 May 2007 21:19:00 GMT

An officer can be temporarily reassigned as long as other officers normally would be treated the same and given such an assignment under similar circumstances. Thus, it may not be a violation of POBAR if an officer being investigated regarding a shooting were temporarily assigned to deskwork. However, if the officer can demonstrate that such treatment was abnormal for officers in similar circumstances, it may be a violation.

Under The Pobar Act Can The Officer's Representative Be Forced To Disclose Everything?

Tue, 29 May 2007 21:19:00 GMT

The representative shall not be required to disclose, nor subject to punitive action for not disclosing, any matters for noncriminal matters. Attorneyclient privilege applies in criminal cases. An officer should check with their union and/or appropriate counsel.

Under The Pobar Act Can The Officer's Representative Participate?

Tue, 29 May 2007 21:19:00 GMT

Case law clearly establishes that the representative may actively participate in the interrogation and is not merely a passive observer. The representative is to assist in ascertaining facts favorable to the officer`s position. Comparable private sector labor laws have interpreted a representative`s participation as somewhere between mandatory silence and adversarial confrontation.

Under The Pobar Act Does The Officer Have The Right To Representation?

Tue, 29 May 2007 21:19:00 GMT

Under POBAR, upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action, that officer shall have the right of a representative of his or her choice who may be present at all times during the interrogation. The representative may not be someone subject to the same interrogation. Generally, if the officer feels that under the particular circumstances that the matters discussed can lead to punitive action then the officer has the right to request representation. If the employer knows that the matter discussed could lead to punitive action, they should provide the employee with proper written notice following the guidelines of POBAR. Determination on representation is judged on a casebycase basis. Although, determination is subjective to the officer, courts use an objective reasonable person standard to evaluate the circumstances. For the employer, it`s better to err on the side of allowing representation to avoid tainting the investigation and avoid any POBAR violations and unfair labor charges. If the officer is unsure whether or not to request representation, the officer should err on the side of requesting representation and/or contacting their union or appropriate counsel.

Under The Pobar Act How Long After The Investigation, Does The Employer Have To Wait To Impose Discipline?

Tue, 29 May 2007 21:19:00 GMT

If after the investigation, and any predisciplinary response or procedure, the employer decides to impose discipline, the employer shall notify the officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision. An exception of this would be if the officer were unavailable for discipline. For officers of the California Highway Patrol, the 30day time period shall not commence with the service of a preliminary notice of adverse action, should the State elect to provide the officer with such a notice. CHP officers should consult with the union or appropriate counsel.

Under The Pobar Act How Long Can An Employer Take To Conduct An Investigation?

Mon, 04 Jun 2007 21:51:22 GMT

Under POBAR, no punitive action, or denial of promotion on grounds other than merit, can be taken against a peace officer if a person authorized to initiate an investigation of the alleged misconduct does not complete the investigation of the allegation within one year of the employer`s discovery. This applies to acts occurring after January 1, 1998. If the employer determines that discipline may be taken, it shall complete its investigation and notify the officer of proposed disciplinary action within that year with a number of exceptions below:

If allegation of misconduct is also the subject of a criminal investigation or criminal prosecution in which the criminal investigation or prosecution will toll the oneyear time period.
If the officer waives this requirement in writing.
If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies
If the investigation involves more than one employee and requires a reasonable extension.
If the investigation involves an employee who is incapacitated or otherwise not available.
If it involves civil litigation where the officer is named as a defendant. The time shall be tolled while the civil action is pending.
If it involves a criminal litigation where the complainant is a criminal defendant, the time shall toll during that defendant`s criminal investigation and prosecution.
If it involves an allegation of workers` compensation fraud on the part of the officer.

What Administrative Body May Impose Remedies For A Violation Of The Pobar Act?

Mon, 04 Jun 2007 21:51:22 GMT

If a violation occurs, POBAR is enforceable in superior court. An officer does not have to exhaust administrative remedies to sue his agency in superior court. If the court finds a violation, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation. The court may grant a temporary restraining order or any other injunctive relief against the employing agency.

What Constitutes Sexual Harassment?

Mon, 24 Mar 2008 17:18:26 GMT

State regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes genderbased harassment of a person of the same sex as the harasser. The following is a partial list of prohibited behavior:

Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.
Verbal conduct: making or using derogatory comments, epithets, slurs and jokes. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual.
Physical conduct: touching, assault, impeding or blocking movements.
Offering employment benefits in exchange for sexual favors.
Making or threatening retaliatory action after receiving a negative response to sexual advances.

What Does The State Of California Public Safety Officers Procedural Bill Of Rights Act (Pobar) Govern?

Tue, 29 May 2007 21:19:00 GMT

The Public Safety Officers Procedural Bill of Rights (POBAR) Act provides for elements of procedural rights that must be followed toward public safety officers when they are subject to an investigation or discipline. POBAR also provides for rules regarding officer personnel records, privacy, searches and other issues. One of the main sections of POBAR provides that if an officer is under investigation and subject to interrogation by his or her commanding officer or any other member of the employing public safety Department, that could lead to punitive action, that the interrogation will be conducted under certain conditions.

What Information Do I Need To File A Claim?

Tue, 29 May 2007 21:19:00 GMT

You will need the following information:

Name and social security account number
Address and telephone number
Date of birth and gender
Name, address and telephone number of your last employer
Last date worked and reason you are no longer working
Citizenship status

What Information Is The Officer Entitled To Under The Pobar Act?

Tue, 29 May 2007 21:19:00 GMT

The officer is entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those that are deemed confidential. Nothing deemed confidential can be entered into the officer`s personnel file. This need not be made prior to the interrogation. POBAR does not require preinterrogation review of investigative documents. Nevertheless, based on relevant labor laws, an officer may argue for certain preinterrogation information based on relevant labor laws including representation. It is clear that when an officer is administratively charged with misconduct then the officer is entitled to all materials from which the action is based.

What Is A Partial Claim?

Tue, 29 May 2007 21:19:00 GMT

Partial claims are for employees whose employers want to retain them when there is a lack of work. EDD provides employers with a Notice of Reduced Earnings, DE 2063 or a Notice of Reduced Earnings (Fisherperson), DE 2063F for employees in the fishing industry. The employer completes the DE 2063 or DE 2063F to certify that the employee is expected to return to work, and gives the form to their employees, who use the DE 2063 or DE 2063F to file a UI claim.

Employees who use the DE 2063 or DE 2063F to file for UI benefits are not required to look for new jobs because their employer has certified that there will be a job for them shortly. These employees are considered "partially unemployed."

What Is Required Of An Administrative Appeal Under The Pobar Act?

Mon, 04 Jun 2007 21:51:22 GMT

The type of administrative appeal is not clearly definitive by POBAR and is subject to dispute. An officer wishing to appeal a punitive action must take advantage of existing administrative avenues. Such appeal must follow the standards of fair play and due process. An officer may also be entitled to a prediscipline notice and opportunity to respond to the charges required by constitutional due process. Such a prediscipline due process right to respond in state service is known as a skelly hearing, named after a California court case. An officer should always contact his or her union and/or appropriate counsel.

What Is The Law Regarding Overtime?

Tue, 29 May 2007 21:19:00 GMT

Overtime is due after 8 hours per day or 40 hours per week unless an alternative workweek of no more than 4 days of 10 hours was established prior to 7/1/99. Premium pay on 7th day not required for employee whose total weekly work hours do not exceed 30 and whose total hours in any one work day thereof do not exceed 6, in specific wage and hour orders

What Is The Process For Applying For Wotc?

Tue, 29 May 2007 21:19:00 GMT

The first step is prescreening to determine eligibility. The jobseeker or the employer must complete the Individual Characteristics Form, Work Opportunity Tax Credit and WelfaretoWork Tax Credit, ETA 9061.

The employer and the jobseeker must complete the PreScreening Notice and Certification Request for the Work Opportunity and WelfaretoWork Credits, Form 8850.

The employer and the jobseeker must sign the Form 8850, under penalty of perjury, attesting that the jobseeker is a member of a target group.

The employer then sends the Form 8850 and the ETA 9061 to the EDD, requesting certification for the WOTC. The Form 8850 must be postmarked no later than the 21st day after the jobseeker begins work.

Mail the Form 8850 with the ETA 9061 attached to:

WOTC Center
P. O. Box 1408
Roseville, CA 956788408
The above referenced forms can be downloaded from the EDD WOTC Website.

What Remedies Are Available For Employment Discrimination?

Tue, 29 May 2007 21:19:00 GMT

The remedies available include the following:

Back pay
Hiring
Promotion
Reinstatement
Outofpocket expenses
Front pay
Policy changes
Training
Reasonable accommodation
Affirmative relief
Actual damages, including damages for emotional distress

In addition to the above, the Fair Employment and Housing Commission may order administrative fines against private employers. These administrative fines combined with any damages awarded for emotional distress cannot exceed $150,000 per aggrieved person per employer. If an individual decides to pursue his or her case in a private lawsuit, the remedies are identical with two exceptions:

There is no limit on the amount of emotional distress damages
Instead of administrative fines, unlimited punitive damages may be awarded

Remedies may also include the payment of attorney's fees and other court costs.

What Should I Do If I Receive An Overpayment?

Tue, 29 May 2007 21:19:00 GMT

A Notice of Overpayment is mailed to claimants who have been paid benefits they were not eligible to receive. The notice shows the amount of overpayment and penalties, if any. In addition, the notice explains why you were overpaid and provides information about your appeal rights.

Send a check or money order to:

EDD Cashiering, Benefit Recovery
State of California
PO Box 826806
Sacramento, CA 942060001
Include your name and social security account number on the check or money order.

What Type Of Questioning Or Interview Is Considered An Interrogation Under The Pobar Act?

Tue, 29 May 2007 21:19:00 GMT

Not every contact between an officer and his supervisor is an interrogation subject to POBAR. It does not apply to an interrogation in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with a supervisor or other officer. Matters are considered on a casebycase basis. When analyzing any circumstance, it is important to remember that POBAR coexist with other public sector labor laws. These public sector laws have provisions that are similar to the National Labor Relations Act. Included in this is the right to representation.

What is the minimum wage in California?

Fri, 06 Jun 2008 15:26:45 GMT

Minimum wage in the state of California is presently $8.00.

When Should I Apply For Ui Benefits?

Tue, 29 May 2007 21:19:00 GMT

You should apply for benefits immediately because there is a one week unpaid waiting period that does not begin until the claim is filed. All claims are effective on the Sunday prior to applying for benefits.

Who Do I Contact With Questions On Labor Laws?

Tue, 29 May 2007 21:19:00 GMT

The California Department of Industrial Relations (DIR) is responsible for all labor law issues including wages, hours, working conditions, worker's compensation, and labor relations. For information on discrimination in the workplace, contact the California Department of Fair Employment and Housing .

Who Does The Pobar Act Cover?

Tue, 29 May 2007 21:19:00 GMT

The act covers all public safety officers in the State of California, both employed by the State or local governments. Public Safety Officers of the State of California are identified in various sections of 830 of the California Penal Code.

Who Is Eligible For State Disability Insurance?

Thu, 26 Jun 2008 08:24:52 GMT

Disability is defined as any mental or physical illness or injury which prevents you from performing your regular or customary work. This includes elective surgery; illness or injury resulting from pregnancy, childbirth, or related conditions; or inability to work due to a written order of quarantine from a state or local health officer. To qualify for SDI benefits, you must be actively connected to the labor market, either working or looking for work at the time your disability begins. You should file a claim for benefits, even if you're unsure of your labor market status.

Eligibility for SDI is based on the earnings shown in your