Articles Posted in Employment

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If you employ workers, chances are good that your business is subject to a number of labor laws enacted by the United States Department of Labor as well as the California Department of Industrial Relations. Failure to comply with these labor laws can cause a lot more than disgruntled workers; non-compliance can result in sanctions by the federal or state government and/or potential legal actions from employees to recover damages. Business owners are often not aware that they are violating the law until it is too late and they are facing costly legal consequences. The best way to preemptively avoid any labor law dispute is to consult with an experienced employment law attorney to ensure all of your policies and practices are in line with the law.

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Topics Covered By Labor Laws

Labor laws such as the Fair Labor Standards Act (FLSA) and the California Labor Code cover a wide variety of topics related to employees, compensation, and more. The following are only a handful of issues that labor laws may affect: Continue reading ›

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California has distinct wage and hour laws in place to ensure the proper pay of employees. Employers often need clarification on California wage and hour laws. Each industry is different but here is an overview of requirements in the state.

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California Wage and Hour Laws

Minimum Wage

California’s minimum wage is set at $9.00 per hour. Unlike some states, California does not allow for tipped employees to be paid less than the state’s minimum wage.

Overtime

Employers often ask when they need to pay overtime wages.  Whether or not an employee is “salary” or “hourly” is not determinative of overtime pay entitlement, rather, it matters if the employee is “exempt” or “nonexempt.” “Nonexempt” employees are entitled to overtime at the rate of one and a half times their regular rate of pay for:

  • All time worked in excess of 8 hours in a workday
  • All time worked in excess of 40 hours in a workweek
  • The first 8 hours of work performed on a seventh (or more) consecutive workday

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California employees are protected from discrimination under Title VII of the Civil Rights Act of 1964 and state laws. An employer cannot discriminate on the basis of:

• Race
• Gender, gender identity, or gender expression
• Sexual orientation
• Religion
• National origin
• Disability
• Medical conditions
• Sex, including pregnancy, childbirth, or breast-feeding
• Citizenship status
• Age
• Genetic information
• Ancestry
• Color
• Marital status Continue reading ›

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Does your company have a social media policy for employees? Policies regulating Internet use in the workplace can be very effective for maintaining your business’ positive reputation online. Last week, we discussed the first 3 items to think about when writing a social media policy. Here are 3 more considerations for writing an effective and appropriate company-wide policy.
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3 More Considerations When Drafting a Social Media Policy
1. Define “Appropriate”

Your employees need to know what is acceptable to say online and what isn’t. Make sure you set clear boundaries on what business and trade information is private and for internal-use only, and what information is acceptable for online discussion or even marketing purposes. Continue reading ›

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Instituting a company-wide social media policy is one of the best ways to protect your business’s brand and image on the Internet. Disgruntled employees may say negative things about your business online, harming your reputation and putting your company at risk. A well-written social media policy sets reasonable restrictions on your employees’ use of the Internet. Here are 3 considerations to think about when drafting a social media policy.
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3 Considerations When Drafting a Social Media Policy
1. Read Other Policies

It’s important to do your research when writing a social media policy for employees to make sure yours is in line with current industry standards. You don’t want to institute a policy so unforgiving that you drive potential talent away from your business. Search for other social media policies and contact an experienced lawyer to make sure your policy is appropriate. Continue reading ›

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An employment contract can be a useful tool to protect your business while providing clarity and structure for your employees. An effective agreement should clearly spell out the terms of both employment and termination. In this post we’ll take a look at the basics of creating an employment contract.

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Understanding Employment Contracts

A well-designed contract outlines an employee’s roles and responsibilities. What tasks is the employee expected to perform? What does the job pay? What benefits will the employee receive? Clearly stating this information upfront will protect your business from future lawsuits, provided you abide by the contract.

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rules.jpgOne of the first things any newly formed corporation should do is draft bylaws. Bylaws are a corporation’s operational blueprint. They identify what the business does, how it is run and who is in charge. Here then are five steps to drafting a set of bylaws.

5 Steps to Creating Corporate Bylaws

1. Detail relevant information concerning shareholders. This includes who holds stake in your corporation, what rights they hold and when and where meetings are to be held.

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Converting a limited liability company to a corporation is a relatively easy process. Before I take you through the steps, let’s take a quick look at the differences between the two types of business structures.

3 Differences Between Limited Liability Companies and Corporations

1. LLCs are formed by one or more people (members). These members file Articles of Organization and craft an Operating Agreement. Corporations file similar paperwork. However, unlike LLCs, corporations have shareholders and governing bodies like a Board of Directors.

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You’re ready to hire. Should you go with an employee or independent contractor? Your decision will have implications for your business. In this blog post we’ll address the differences between employees and independent contractors, the benefits of both and how to tell the difference between the two.

What is an Employee?

A simple definition of an employee is someone you hire and directly manage. Employees are generally provided training by the business and work for only one employer. A benefit of hiring an employee is that you get to set a schedule and train the person in the way you want things done. Employers generally have more control over the end result in this situation.

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Business is an ongoing back-and-forth between interested parties. Contract negotiations, whether they be with employees or a competing business, can be contentious. There’s a lot at stake and big feelings are involved. A successful contract negotiation is one where all parties feel they got something out of the deal. This isn’t wishful thinking. By following these four simple tips you can create an environment where everyone is heard and respected.

1. Multiple Meetings

The first tip is pretty straightforward. Break down the negotiation into multiple sessions. The longer you sit at a table arguing over the same points the less likely you’ll come to an agreement. Give the person time to digest the information. Clear eyes and a fresh head make for better judgment.

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