An effective employee handbook will act as a manual for what your employees can expect and what your company expects from them. If your handbook does not have clear policies, you could run into big problems.An employee-related lawsuit against your company can cause serious financial issues, additional problems in the workplace, and potential damage to your company’s reputation.Plaintiff’s attorneys will look for loopholes when attempting to justify an employee’s behavior outside of your expectations. Therefore,…
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For small companies, especially those that are new, hiring an employee is a big endeavor. There are many considerations that need to be taken, all of which can be overwhelming to business owners. Prior to hiring a new employee, it would be in the best business practice to consult an experienced employment lawyer in Los Angeles. Types of Employment The first step in hiring a new employee should be to properly identify the job role.…
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Earlier this year, in the Dynamex Operations West, Inc. v. Superior Court of Los Angeles decision, California’s Supreme Court unanimously announced a new test for determining a worker’s status as an independent contractor. This new test makes it more difficult for employers to establish that an independent contractor relationship is present. Previous to this decision, California courts had applied the Borello test for determining whether a worker was properly classified as an independent contractor. However,…
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One thing employers can expect from their employees is the request for a leave of absence. There are laws in place to protect employees who need to take time off. The federal Family and Medical Leave Act (FMLA) allows an employee to take time off to be a caregiver or handle health or medical related duties that might keep them from performing their regular jobs. There are a few states that have created their own…
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As an employer, you may employ a significant number of employees to perform various jobs. These employees may range in background, age, sex, race, religions, and sexual orientation. It is important for an employer to know how to handle these differences and establish a positive work environment in order to avoid unnecessary conflict and other issues that could lead to potential litigation. In addition, an employer may need employment contracts in place to attract and…
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Startups often rely on independent contractors to handle essential duties as a company gets off the ground. The benefits are obvious: work is paid for as needed and you get clear returns for the money you invest. Waste is minimal – and you do not have to pay for employment tax or workers’ compensation insurance. However, you have to be careful about the demands you make on independent contractors as they work. What Makes a…
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As the tech industry continues booming, we are seeing an increase in the number of disputes between employers and past employees over intellectual property (IP). Claims made against ideas developed while under contract have the potential to undermine the foundation of startups. Prior to launching a company with material IP that could be contested, entrepreneurs should seek the counsel of a qualified startup lawyer. Assignment Agreements in Company Contracts Tech industry employment contracts typically have…
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When it comes to managing a business successfully, there is more to worry about than just customers and pricing. Business owners must also carefully align their organizations with state and federal laws. California especially has a long list of employment laws that, while designed to protect employees, often cause frustration or confusion among business owners. Complying with all California employment laws is critical in protecting your business and keeping yourself out of the courtroom. 2015…
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A new law exposes California businesses to potential liability for claims by temporary workers. On September 28, 2014, Governor Brown signed into law AB 1897, which created California Labor Code § 2810.3. The new law requires companies who use workers provided by staffing agencies to “share with a labor contractor all civil legal responsibility and civil liability” for (1) the payment of wages and (2) the provision of workers’ compensation insurance. The effect of this new…
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