The Equal Employment Opportunity Commission (EEOC) is the agency responsible for enforcing federal laws on employment discrimination. If your company is facing an investigation from the EEOC, it is imperative that you take the situation seriously. One of the biggest mistakes employers make is waiting until a lawsuit is filed to take action. As soon as you receive notice that your business is being investigated by the EEOC, you need to contact an experienced San Jose employment law attorney.
Last November, by a margin of 60-40, San Jose residents voted in favor of Ballot Measure E: the city's 'Opportunity to Work' ordinance. On March 13th, 2017, this new local law officially went into effect. It is imperative that all employers operating within the city are aware of how these regulations will impact their company. To help you get started with any questions you might have, our San Jose business law attorneys have put together some key information regarding the ordinance.
In May of 2016, President Obama and the Department of Labor (DOL) announced new FLSA overtime rules. At the time of the announcement, these rules were set to go into effect on December 1st, 2016. However, there was immediate controversy regarding this DOL regulation. Indeed, several states filed lawsuits against the agency seeking to block the implement of the new overtime regulations. The legal argument was that the DOL exceeded its legal authority in promulgating these regulations.
Confidentiality agreements, also referred to as non-disclosure agreements (NDAs), can help protect the viability of your business. Essentially, these agreements are written contracts that prohibit employees and independent contractors from sharing your company's trade secrets along with other protected business information. All California employers must take great care when crafting these type of agreements, as even minor mistakes can render them unenforceable. Your company's confidentiality agreements should always be drafted and reviewed by a qualified business law attorney.
The Equal Employment Opportunity Commission (EEOC) defines pretext as a justification offered for an action that differs from the real reason the action was taken. In a whistleblower case, pretext generally means that the employer's articulated reasoning for an adverse employment action was either completely false or was used as a cover in order to punish the employee for their protected whistleblower activity. If you believe adverse employment action was taken against you because of your protected whistleblower activity, you need to speak to an experienced San Jose whistleblower claims attorney immediately.
Whether your California business is looking to terminate a specific employee, or is conducting a larger reduction in your workforce, your company needs to understand how to effectively use severance and separation agreements. Relatively minor mistakes can come back to cause you major headaches. If you have any questions about severance agreements, please contact an experienced Northern California employer attorney for immediate legal assistance.
Hiring and retaining employees is an integral function of many businesses and very often essential to their success. From the perspective of employer, employees, while essential, are also a source of legal liability. This liability can come from third parties as a result of the conduct of an employee that caused injury or loss or even from the employees themselves if they allege a violation of California or federal employment law.
There are many benefits to hiring an independent contractor for an upcoming project. This can include financial savings, increased flexibility and potentially reduced exposure to lawsuits. But before you decide how to staff a particular job, you must make sure that your choice will satisfy state and federal authorities.
During some point in time, you may lose a job or someone close to you may lose their job, and it has a significant impact on your lifestyle. Almost everyone will lose a job. There are many factors that lead to someone losing their job. The company can lay off workers because they are hemorrhaging money, the corporate office ordered the company to outsource operations overseas, or simply, the business just shut down because it was operating at a loss for quite some time.
When you are the victim of sexual harassment at the workplace, there is no harder or stressful decision to make other than deciding that you will no longer take the abuse. Employers have not only a responsibility to maintain a workplace that is free from sexual harassment, but a legal obligation to do so.