EMPLOYEE HANDBOOKS
August 2023
Employee Handbooks
Every employer should have one. All the federal and state employment laws protect EMPLOYEES. But Employers have rights too. The best legal way to do this is a written handbook signed by all employees and new hires. The job offer should be contingent on their signing it,before they start work.
Along with the handbook, employees should sign an Arbitration Agreement to resolve any job or termination issues. It is a faster way both you and the employees than a long tedious court jury trial.
Your confidential/proprietary information is a valuable asset. Employees should also sign a confidential/proprietary information agreement to protect you and your clients/customers.
Courts have upheld both Arbitration and Confidential Info Agreements.
WAGE/HOUR LAWS
January 2024
In 2024, courts around the country will tackle independent contractor classification.
In 2024, courts around the country will tackle independent contractor classification, minimum wage and overtime cases.
Also as of 1/124, AZ minimum wage is $14.35 with some limited exceptions.
August 2023
Wage/Hour Laws
This is a high exposure area and applies even if you have only one employee. The usual pitfalls are: Not paying employees on payday; Not paying employees overtime; misclassifying employees as independent contractors; hiring temps and part timers; Not paying for required getting ready for and ending work time such as putting on/off uniforms or starting your IT; employees doing work while on vacation; reimbursement for work related expenses.
Courts have upheld written agreements with and signed by employees that specify work related terms and conditions.
NLRB JURISDICTION
February 2023
THE NATIONAL LABOR RELATIONS BOARD [NLRB]
Their stated mission is to promote and facilitate employees joining unions. The NLRB has jurisdiction over all private sector Employers/Employees. This mission has greatly expanded under President Biden and Governor Newsom.
I was a field attorney for the NLRB and tried many cases against Employers and Unions. The NLRB can issue a complaint against you even if you are not union and only have one employee. Since going into private practice, I have defended many Employers in NLRB trials.
If you notice any union organizing activity or are notified the NLRB is investigating you, CONTACT A QUALIFIED LABOR/EMPLOYMENT LAW LAWYER FIRST.
UNEMPLOYMENT INSURANCE
March 2023
Unemployment Insurance
UI claims are common when there are layoffs/terminations or even quits. You usually have 10 days to respond to a claim, but it may beless by the time you receive it. Your response must be accurate and signed by you. I recommend you run this by a qualified Labor/Employment Lawyer, particularly if there is also an actual or potential civil lawsuit for wrongful termination, discrimination, harassment or retaliation.
HARASSMENT-HOSTILE WORK ENVIROMENT
August 2023
Harassment-Hostile Work Environment
This is the source of much litigation today. It can range from sex harassment to age, gender, religious, political, disability and pregnancy discrimination. Your best legal defense is to have qualified harassment training for your management team and hourly employees. When finished you will receive signed attendance certifications from each attendee.
You should also provide copies to your liability carriers and that may result in lower premium costs.