Orange County Employment Attorney

SKILLED EMPLOYMENT AND LABOR LAW CONSULTING FROM PASSIONATE ATTORNEYS

Having knowledgeable legal advice for your business is critical to avoiding potential grievances regarding labor and employment. California seeks to protect its workers because, without them, the state’s economy would suffer. To ensure a successful financial future, California has implemented several laws specific to employment that outline the rights workers have. With the help of a knowledgeable and experienced Orange County employment attorney, you can protect not only your employees but also your business.

The lawyers at Blake & Ayaz offer counsel to business owners to make sure proper protocols are in place to help avoid litigation. While some employers may intentionally seek to take advantage of their employees or attempt to skirt the law, we know that most employers implement procedures and policies with the right foresight to protect their business. With our help, you can avoid future business litigation that could cost your business more than just the loss of labor.

Exempt Versus Nonexempt Employees

One of the major difficulties faced by California employers is properly classifying their employees. This determination helps ensure employers are providing employees with the rights they are entitled to. When an employee is considered exempt, they are not bound to the laws that provide for wage and overtime laws by either the state or federal government. If an employee is nonexempt, they have the right to these protections.

Exempt employees are generally considered salary employees who earn more than twice the state minimum wage. Those employees who are considered supervisory or management are also exempt from these protections.

Nonexempt employees include those who earn minimum wage or do not contribute significantly to the decision-making of the business.

Misclassifying an employee could result in legal action against the employer or the business.

California Employment Laws

There are a number of laws in place to protect the rights of workers that employers have a responsibility to adhere to. The Department of Industrial Relations provides employers with a comprehensive list with accompanying details about the state regulations that must be followed. Some of the laws that protect employee rights include:

• Safety in the workplace. Employers have a responsibility to provide employees with a safe workplace that is free from conditions that could be dangerous and cause injury or death.
• Wages that are fair. California is one of the more progressive states when it comes to wages and protects the rights of employees to earn minimum wage, be compensated for overtime pay, and be compensated appropriately for the time worked.
• Harassment and discrimination-free work environment. Employees are protected from any type of discriminating behavior that includes bias or maltreatment because of race, religion, gender, age, ability, or any other personal identifiers.
• Free from retaliation. Employees are encouraged to bring concerns to their employers and to do so without fear of retaliation such as wage decrease, low job performance evaluation, and more.
• Protection from wrongful termination. Employees may not be fired because of retaliation or discriminatory reasons. Terminations must be valid based on work performance.

These are just a few of the many rights that employees are entitled to in California workplaces. With the help of an attorney, employers can ensure that onboarding procedures, training, and human resource entities are following the right processes to protect these rights and to prevent potential claims against the business or the employer directly.

State Versus Federal Labor Laws

While each state provides its own labor laws, the federal government also provides standard labor laws that are effective across the country. While many of the laws are similar, there are a few key differences between the California Labor Codes and the major laws of the Department of Labor.

One of the most significant differences is the minimum wage offered to employees. While the federal government holds the minimum wage at $7.25/hour, California recently passed legislation that increased the minimum wage to $16.00/hour. While some employers may feel they are entitled to offer only the federal minimum wage as the federal government may be the assumed higher authority, employees are entitled to earn the higher of any minimum wages offered.

This means that regardless of the federal minimum wage, the state minimum wage, or a local municipality minimum wage, the employee has the right to the highest amount possible.

Another major difference between federal and state employment regulations is the final paycheck. While both ensure employees are entitled to their final paycheck, California dictates that an employee who is fired or laid off is required to receive their final paycheck at the time of release. This includes any compensation they may be owed for benefits such as accrued sick leave.

For employees who separate from their work voluntarily, California requires that as long as they provide at least 72 hours’ notice, they are to receive their final pay on the last day of employment as well. If an employee walks off the job or suddenly terminates their employment, the employer must provide the final check within 72 hours.

While these differences are significant, there are many laws that are similar as well. The Fair Labor Standards Act aligns with many of the California labor codes that ensure employees receive the right to a fair wage and overtime pay. It also outlines the times that those under the age of 16 are allowed to work and for how long.

These are just a couple of major similarities and differences that are outlined in the California Labor Codes, but they are not comprehensive of all the differences. Speaking with a local labor lawyer can ensure that your business follows the appropriate laws regardless of the federal laws in place.

How Our Team Can Help

California employment law regulates various factors about business and labor. These include overtime pay, exempt and nonexempt employees, independent contractors, meal and rest breaks, sexual harassment, calculating work hours and travel time, workers’ compensation, drug and alcohol testing, and employee termination. Knowing and abiding by proper regulations can be critical for avoiding expensive litigation.

Services to our clients include:

• Advice about equal employment opportunities, personnel policies, affirmative action, and state wage and hour requirements
• Review of employment and hiring policies, employee manuals and handbooks, business plans, and operating procedures
• Sexual harassment prevention training for managers and supervisors
• Review of business plans to identify and remedy situations that could result in an employment lawsuit

These are just a few of the ways that our team can put our knowledge and experience to work for you. We believe that the success of our clients is dependent on helping them make the right decisions to protect their employees. We help you make the right decisions to avoid defending the wrong ones.

Orange County Employment Lawyer

Navigating the California business and labor codes is often confusing, but with the attorneys from Blake & Ayaz, a business will get the right advice to help it make the necessary adjustments and to ensure it keeps running smoothly. With the help of our team, you can easily navigate the difficulties of labor laws and proactively protect your business from costly claims filed by employees for wrongful practices. If you are a business owner, contact our team today and let us help you keep your business moving forward.

Get legal advice for your California business by contacting us today at 714-667-7171. Call to schedule a consultation today.