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Employment Law Archives

An Employee Handbook Can Help Limit Legal Liability for Employers

employee handbook.jpgHiring 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.

Employees vs. Independent Contractors: The Importance of Accurate Classification

independent contractors.jpgIn recent years, there have been significant changes in the way in which many Americans work and earn money. Non-traditional working arrangements and what many have termed the "gig economy" have blurred the line between traditional employee relationships and independent contractors. Generally speaking, an employer-employee relationship exists when the employer exercises control over how and when the work is performed. Independent contractors, on the other hand, are hired to perform a specific service and are considered self-employed.

New 2016 California Employment Laws Employers Should Know About

labor laws.jpgWith the ringing in of the New Year, numerous legislative provisions go into effect that may affect the rights and responsibilities of employers and employees in California. The following are only some examples of important labor laws of which employers should be aware as we go into 2016.

What Employers Need to Know About California's New Fair Pay Act

Fair Pay Act.jpgCalifornia Governor Jerry Brown signed the Fair Pay Act into law on October 6, 2015. The law, which will take effect on January 1, 2016, takes aim at the gender wage gap in California. In the text of the bill, the legislature cited data from a U.S Census Bureau report that women employed full-time year-round in California made 84 cents to every dollar a man earned in 2013.

Federal and California Law on Unpaid Internships

unpaid intern.jpgUnpaid internships have historically been a way for students or recent graduates to gain valuable experience with the possibility of future employment. In the United States, two-thirds of students have completed at least one internship before they graduate from college and nearly half of all internships in the country are unpaid. However, unpaid internships have recently become more controversial following several lawsuits claiming that such programs constitute a violation of state and federal wage laws. While most of these lawsuits have involved the use of unpaid interns in the entertainment, media, and fashion industries, some private-sector businesses have decided that having interns is simply not worth the risk.

What Does Human Resources Do?

human resources.jpgWhile the inner workings of your company's human resources staff may seem a mystery even to management, in fact, a properly-functioning HR department serves an essential role in any well-run organization. As federal and California employment law grows increasingly complex, effective HR managers can help keep your business out of legal hot water with the variety of federal and state organizations that oversee the workplace. So what does human resources do? Its functions can roughly be broken down into three categories: human, administrative and strategic.

Are Independent Contractors Right for My Business?

independent contractor.jpgThere 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.

Wrongful Termination: Identifying the Next Step When My Employer Breaches My Employment Contract

employment termination.jpgWhen employees and employers enter into an employment relationship, California contract law will govern that relationship, regardless if the relationship is oral, written, express or implied. The employment relationship usually defines the terms and boundaries of the agreement between the employee and employer. Depending on the circumstances of your case, you or your employer may have certain rights to terminate the employment relationship. If your employer terminates the contract outside of those rights, your employer will have to face the consequences for breaching your employment contract.

Understanding Your Employee Rights under the WARN Act

layoff notice.jpgDuring 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.

Steps to Combat Sexual Harassment in the Workplace

workplace sexual harassment.jpgWhen 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.

  • Santa Clara County Bar Association | 1917
  • American Inns of Court
  • CWL | California Woman Lawyers
  • Bay Area Bankruptcy | Forun
  • The State Bar of California
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