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Employment & Independent Contractors

Contract attorney los angeles

Independent Contractor Relationships

In California, an independent contractor is defined as a person or a business providing a specific service within a certain time for compensation. The person or business achieves independent status by not being subject to managerial control for “how” the services are provided. As business lawyers in Los Angeles, the professional team at The Hakim Law Group wants the public to know and understand the differences in the status of wage earners and independent contractors…
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Essential Elements of Employment Contracts

Essential Elements of Employment Contracts

An employee contract is a binding document that clearly defines the expectations of an employee and the nature of the employment relationship.The agreement should be written for the benefit both parties and outline all the terms and conditions of the employment offer, prior to applicant’s start date, so there are no surprises. Once the offer is accepted, and the agreement is signed, an employee/employer relationship has been consummated. While such contracts may cover criteria and…
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Business Law Attorney in Los Angeles

Arbitration Clauses in Employment Agreements are Not Always Enforceable

If you are a business owner in California attempting to enforce an arbitration clause in an employment dispute, then you need to take notice of two California Courts of Appeal decisions that address issues that could result in a court negating the efficacy of an arbitration provision. The first notable decision can be found in Garcia v. Haralambos Beverage Co. In this case, the Second District Court of Appeal upheld a trial court’s decision to…
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Business attorney in Los Angeles

Major Employment Laws Going into Effect in 2021

A number of employment-related bills were signed into law by the Governor of California that are likely to require significant modifications to current protocols and practices to ensure compliance. This means business owners and their HR teams will need to invest time and energy into understanding the new rules and regulations. Here is an overview of some of the major employment laws that are going into effect in 2021. Expanded Leave Under the California Family…
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Business attorney in Los Angeles

Should Non-Compete Agreements be Utilized for Certain Employees?

If you are attempting to grow your team by recruiting a new employee, particularly a high-level executive, you may be wondering if a non-compete agreement is necessary, or worth considering. Generally, non-compete agreements are used to expressly prohibit an employee from working with a direct competitor during, or immediately after, their employment with your company. These types of agreements can be beneficial if you are in an extremely competitive sector and have concerns about an…
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Business Attorney in Los Angeles

How to Effectively Utilize Social Media to Recruit without Exposing Your Business to Civil Liability

Social media is no longer relegated to leisure and selfies. Employers have integrated social media to assist in recruiting and hiring top talent.  For example, it is now the “norm” to post and publicize job listings on social media platforms to recruit prospective applicants.In addition, many employers use social media to help investigate and evaluate candidates by reviewing their profiles, interests, public statements, posted photographs, and other information, assessing whether the candidate is a right…
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Employment lawyer Los Angeles

Review and Revamp Your Injury and Illness Prevention Program

In the midst of the Coronavirus pandemic, workplace safety and cleanliness have become extremely important, even life-saving in certain instances. Hence, is critically important for business owners to be proactive and implement infectious disease prevention measures to promote an overall safer work environment for their employees. It is also important to understand that business owners have a legal obligation to provide a safe and sanitary work environment to employees. The Occupational Safety and Health Act…
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business lawyer in Los Angeles

The Potential Penalties Employers May Face in a Retaliation Claim

If you are a business owner, the ability to effectively interact with and manage your employees is critically important for the long-term success of your business. This is especially true if an employee departs, or is terminated, and the relationship takes a negative turn. It is essential not to act out of emotion and instead operate with the best interests of the business in mind. Why is this so important? Taking certain actions against an…
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New California Law Could Have Big Impact on Gig Economy Workers

Successful “gig economy” companies like Uber, Lyft, Instacart, and Postmates, have relied on workers who are legally classified as independent contractors. This means they are not employees and, as a result, are not eligible for an array of benefits (e.g., sick leave, vacation time, and health insurance) that is usually accompanied with a full-time, salaried employee position. These gig economy companies have grown exponentially and have enjoyed the reduced administrative burden and fixed costs associated…
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