A federal contractor refers to an agreement between a person or entity with a department or an agency of the federal government to provide services, supply or for other work. These contractors are governed by a set of special employment laws and regulations different from those in the private sector. The Office of Federal Contract Compliance Program (OFCCP) is tasked with the duty of enforcing these laws. It administers and enforces the following laws: Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veteran Readjustment Assistance Act.

An individual is required to meet the following Equal Employment Opportunities (EEO) requirements before being considered for a federal government contract:

• Discourage and prevent discrimination.
• Ensure proper records are kept.
• Ensure equal employment opportunities posters are posted accordingly.
• The inclusion of an equal employment opportunity statement in job advertisements.
• Assist the OFCCP in compliance evaluation and complaint investigation.
• Ensure proper filing of annual equal employment opportunities (EEO-1) reports.

Federal contractors have to meet these special set of requirements from the federal government:

• Use of E-verify system: this is a fast and accurate Internet-based system that enables the federal contractor to verify their employee’s eligibility. It compares data entered on an employee’s form 1-9(Employee Eligibility Verification) with data from the Department of Homeland Security and the Social Security Administration. Following this procedure, the federal government ensures it works with companies using legal workers and helps the contractors to comply with the law.
• Federal contractors are also required to provide a drug-free work area. The Drug-Free Workplace Act of 1988 is aimed at improving workers’ safety and health.

In addition, federal contractors are subject to nondiscrimination and affirmative action procedures. Affirmative actions are a series of positive and proactive measures taken to promote equal employment opportunities eliminate discrimination and the inclusion of previously excluded individuals. These laws and regulations include:

• Executive Order 11246: all federal contractors are forbidden from discriminating employment by race, color, sex, sexual orientation, religion, natural origin and gender identity.
• Section 503 of the Rehabilitation Act of 1973: all federal contractors are required to take affirmative actions to recruit, train, employ and promote qualified persons with disabilities.
• The Vietnam Era Veteran Readjustment Assistance Act: federal contractors are required to take affirmative actions to recruit, train, employ and promote veterans. These include veterans disabled in war or those who have left the army in a period not longer than three years from discharge.

To ensure employees working for federal contractors are well informed when negotiating for fair salaries, the contractors are subject to pay transparency. This means an employee is aware of how much their colleagues are paid.

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An employee contract is a written document you and your employee both sign that defines the terms of your business relationship. There are some situations in which your company will benefit by having signed contracts with your employees.

Advantages of using employment contracts.

1. An employment contract allows you to list details and requirements that are specific to your business.

For example, if you are in a business in which your list of clients is highly sensitive or if you have a trade secret such a special recipe, an employee contract can protect your business interests. A non-compete clause in an employee contract will limit that person’s ability to compete with you within a defined period and/or within a defined geographic area.

2.Both parties will have a written document to refer to in the event of a disagreement or dispute.

Once you have found the right person for the job, you want to keep him or her if you can. Finding and training new staff is time-consuming and expensive. By requiring a signed employment contract that specifies a term of employment, you don’t have to worry that the employee will be with you until something better comes along. You can be assured he or she has a commitment to your company.

3. An employment contract can help you have some control over how your employees work out in the position.

By laying out the employee standards in a contract, you have grounds for disciplinary measures or even dismissal, if necessary.

4. An employment contract promote the professionalism, clarity and sense of organization.

A contract gives your employees a sense of security and even stability. They do not have to worry about what they are getting into with this position. It is all clearly laid out.

Disadvantages of using employment contracts.

1. The main disadvantage of an employment contract is that it is a contract.

By its very nature, a contract connotes lack of flexibility and therefore limits the amount of negotiation either party can do.

To set a salary in writing or a proposed schedule for salary review can be problematic for employers. A previously written time-frame does not allow for economic downturns, for instance.

2. Employment contracts is that most of them use the legal terminology requiring you to act according to the “covenant of good faith and fair dealing.”
3. Major change in company’s needs.

What if your company seems to be going in a different direction than you planned and you discover that you have no need of the project for which you hired someone? According to the contract, you cannot fire that employee. Instead you will need to renegotiate the contract or come to a settlement with the employee.

Employment contracts have both benefits and limitations. Think carefully about the specific needs of your company and weigh the advantages with the disadvantages. If your business has some special or unique circumstances, it is a good idea to talk with an attorney before drafting an employee contract.

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What is an Employment Contract?

An employment contract can be defined as a document that dictates the professional relationship of an employer and employee which both an employer and employee sign. Basically, this kind of contract carries both merits and demerits. Therefore, if you are an employer, it is ideal that you’ re aware of the various factors to put into consideration when thinking about an employee contract.

What is included in Employment Contracts?

First and foremost, for an employment contract to be considered good, it must clearly spell out how the employer expects the employee to carry out his/ her tasks. The contract should also spell what the employee to expect from the employer. The following are some of the other terms that an employer can include in an employment contract;

*Terms relating to various responsibilities of a worker

*Sick day and vacation policies

*Benefits like disability, life or health insurance

*Assignment clauses which state any patent procured by employee

*Non- disclosure agreements that relate to the employer’s trade secrets

Pros of Making Use of Employee Contracts

#1: Provide an Employer the Ability of Hanging onto His/ Her Best Employees:-

This is often possible when an employer decides to add terms and conditions into the employment contract which limit the reasons that employees can use to leave his or her firm. For instance, if an employer has spent a considerable cash amount training an employee, he or she can lock the employee into a length of employment under the employee contract.

#2: Putting Confidentiality Clauses: –

When employees are learning, or working with the employer’s trade secrets, an employer is allowed to put confidentiality clauses into his or her employment contract. This can prevent employees from trying to disclose the employer’s trade secrets in the future.

#3: An Employer can Use the Contract to Hire the Best Employees: –

It is so obvious that an employer will most probably offer the best workers many different employment contracts. If this is the case, the employer can end up offering the workers the best deal thus making them end up cooperating with him or her.

Cons of Employers Using Employment Contracts

#1: The Contract Limits Employee’s Flexibility: –

Employment agreements limits employee’s agreement since the employees are normally made to adhere to the different terms and conditions imposed by the employer.

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1. Your employer can terminate you at will, but only under certain conditionsIt would be illegal for an employer to terminate you if:• It violates the agreement contained in your employment contract with them.
   • If it is based on gender, race, color, nationality, religion, sexual orientation, age, disability or medical condition, language and marital status.
   • If it is as a result of reporting them to state law enforcement agencies.
   • If it because you filed a case against them.

   2. You have a right to be compensated for late wages

   The ‘waiting time’ penalties are awarded to you calculated on every single day of the delay for up to thirty days.

   3. You have a right of access to your personal file

   The law protects you from being denied accessing the contents of your personal file at any time you need it.

   4. Your former employer can only say ‘ true’ things about you as a referee

   Should your former employer be contacted for reference; it is illegal for them to give false information about you.

   5. You still have a right to unused vacation days after termination

   The law protects you from being denied compensation for vacation days you did not take. In the case you are terminated, you should receive payment for them.

   6. You are entitled to 12 weeks of unpaid leave annually

   These leave days allow you time to take care of ailing family members.

   7. You are entitled to health insurance benefits regardless of your job title

   Whether an employee or a contractor you have a right to health insurance.

   8. You have a right to pre-choose your worker’s compensation doctor

   You are allowed to choose the doctor you prefer to treat you under your employer’s group health plan. This is the doctor who would treat you in the case of injuries at the workplace.

   9. You have a right to refuse to work in poor and unsafe conditions

   The law protects you and even allows you to quit until the conditions are improved. You should ensure you inform of your intentions in writing for reference purposes.

   10. Whether or not you receive overtime pay depends on what you do

   You are exempt from overtime pay if:
   • You earn over $2340 a month
   • You are involved in managerial duties
   • You are in a profession such as teaching, accounting, music law, and if you are an editor.

   11. You are entitled to unemployment insurance even if you quit your job

   However, it is only if you quit job for a good reason. Good causes for quitting include:
   • Better job offers
   • Poor work conditions
   • Health concerns
   • Domestic matters, like having a violent spouse

   12. Your employer is not allowed to deduct your wages unreasonably

   It is illegal if the loss was not a result of negligence or gross misconduct on your part. It is only allowable if your employer can prove it was. It is also illegal for an employer to deduct the cost of tools and uniform from your pay.

   ---

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Contract Law

A contract is a legally binding agreement between two or more parties that’s enforceable by law. However, not all contracts are created equal. In fact, some contracts aren’t even valid.

Contract law can vary from state to state. A contract that is valid in California may not be enforceable in Florida. A form contract downloaded from an online source, although correctly formatted and full of legal terminology, may not adhere to the contract law requirements in the state in which you operate your business. As a businessperson, it is imperative that the contracts you’re relying on to protect your business are doing just that, and not leaving your company vulnerable.

Under California law, a contract must have three (3) essential components to be considered valid and enforceable. Those components are an offer, acceptance of the offer, and consideration. Let’s take a moment to discuss each must-have component below:

Component #1: An offer

The first required component of a contract is the offer. An offer is a written or verbal statement of either party indicating their intention to act upon acceptance. An offer can be renegotiated, withdrawn or rejected at any time before acceptance. However, once the offer has been accepted and the contract signed, your company’s considered a party to the contract and will be obligated to perform or not perform as agreed.

Component #2: Acceptance of the offer

The second required component of any California contract is acceptance of the offer. Once an offer has been presented, all parties to the contract must fully and openly accept the offer. An offer can be accepted in writing, verbally over the phone, or via the U.S. mail. In the latter, the offer is deemed accepted from the moment the mail is placed inside of the mailbox; not from the time the recipient receives the mail.

Often, in response to an offer, a party will suggest revisions or attempt to change the conditions of the original offer. In these instances, the original offer is considered rejected, and the revisions and new conditions are deemed counter-offers.

Component #3: Consideration

The third must-have component of a contract is the consideration. Consideration describes the value that will be given to the parties of the contract in exchange for their performance. There are various forms of consideration including, but not limited to, money, services, and tangible items. Without consideration, the performances promised in your contract are merely gifts. To satisfy the validity threshold, your California business contract must evidence some form of consideration on behalf of all parties involved.

As a business owner, you’re probably no stranger to contracts. Regardless of the nature of your business, doing business with a business deal can prove to be essential to your company’s success. With the decline of the U.S. economy and rise in the number of breach of contract claims, now is the time to reevaluate the contracts you’re using to protect your business.

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There are different types of severance payments an employee might get upon leaving. The first variation that they might get is getting their severance payment in different forms: lump sum payments, salary, period payments, unused vacation and sick pay, or stock payments.

Before signing a non-competition clause, ask an attorney for help securing severance pay.
Do you know your rights if you’re fired and not given the severance package that all the other employees in your department have received? Did you know, this may be considered grounds to take action against your employer for discrimination? You might even be able to receive back pay before you were denied severance pay. While an attorney can help you file an employment discrimination lawsuit, you may have difficult time proving employment discrimination, unless you have evidence supporting your case.

Having an attorney can help you in your efforts to gather evidence against your employer in an employment discrimination case. If an employee can prove the employer discriminated against them on the basis of race, religion, age, sexual orientation, or a disability, then a employee may be able to secure the severance package they were denied or severance payments.

There are no laws regarding severance package or severance payments.
Unlike employment law discrimination, there are no rules to define any severance packages or severance payments. Employers are not obligated to award severance payments or any severance packages if it’s not stipulated directly into an employee’s contract. An employee also may have signed away their rights, signing a non-competitive clause before they can receive severance payments. This means that by signing this document, many employees unwittingly give up their right to sue their employee.

Bribing employees is one tactic some employers may use to withhold a severance package or severance payments. While it is not illegal for employers to do so, employees may want to consult their attorney first. Will the fact an employer is holding onto an employee’s severance pay be an obstacle to their case if they are also trying to sue an employer for employment discrimination? This may have strengthened your case of employment discrimination against the company. However, you should seek legal advice before signing any paperwork.

While an employer’s withholding of severance benefits or pay may not be fair, this alone may not constitute discrimination. An employee must prove the employer violated classes they were not supposed to in order to be classified as employment discrimination. If an employee can point to a string of abuse, they may be more likely to win an employment discrimination charge.

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Although state law varies it is standard procedure for employers who are within their legal rights of hire to do background checks on potential employees. This is to reasonably safe guard against any persons with culpable backgrounds who could become a liability to the company if their offense reigns contrary to the position they may hold. For example, a Bank Manager would not want to hire someone accused of robbery or fraud. Many positions come with some amount of confidentiality and trust of valuable resources. A company just wishes to ensure that whatever classified information and resources for which they are held responsible is being manger by the best person possible.

Outside of the obvious references, school records and past employers legitimate checks by the employers will include the following: Credit reports, Driving record, Criminal records, Medical records drug testing, sex offenders list and court records.

Federal laws concerning background checks is governed by the Fair credit reporting act (FCRA). This law is responsible for the regulation of outside reporting agencies, and consumer reporting agencies. The Employers will have to get your permission for a background check from these agencies. Please note that if based on the report the employer refuses to hire you or fires you as a result you are entitled to receiving a copy of said background check which can be used in your defense to these allegations. Also ensure that you have a copy of “A summary of your rights” under the fair credit reporting act to substantiate claims.

On a normal basis you have to pay to get a credit report. However, the following are instances where you could get the information for free.

• Person having taken action against based on your credit report.
• As a victim of identity theft and there is a fraud alert placed on you file as a result
• As an unemployed with the expectancy of applying for a job in 60 days

Remember you are entitled to request an annual credit report for free at annualcreditreport.com

Any discrepancies concerning wrong or outdated reports you should write to the credit reporting company and the information provider for expediency. Also based on statutes of limitation laws the credit report company cannot send out negative or incriminating reports seven or ten years old. Find more information on the FTC Consumer website.

If you suspect that there has been a violation to your privacy on the above premises, contact us at the United Employees Law Group with regard to work place laws and ethics and your rights as an employee.

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An employment contract is an oral or written, express or implied relationship that is created between the employer and the employee. Generally, a contract is an enforceable agreement between two parties. However, employment contract is a contract that has employment terms and conditions agreed upon and accepted by the parties. This law governing employment contracts are from many sources like wages and hours laws, contract law, tort law, health and safety laws and the like. Sometimes there may be an overlap between any laws.

Breach of Employment Contracts

To most of California employees, the issues of the breach of employment contracts do not apply because they are referred to as ‘at will.’ This implies that the employees have no employment contracts. An employee is able to terminate his or her employment at will with or without any reason. Also, an employer can stop an employee at will with or without any reason as long as the reason is not an illegal action. However, an employer cannot terminate an employee because of race or age discrimination. The ‘at will’ employment in California also allows the employee and the employer to terminate the employment without any notice.

Despite the ‘at will’ employment in California, the employees and the employers have a contract for a specified period. For this reason, to avoid employment contract breach, the terminations of the employment should follow the guidelines in that particular employment contract.

How to Know Whether an Employer Has Committed a Contract Violation Breach

In most of the cases, an employment will always give specific reasons that determines the termination of an employee. If at all an employee has no specified contract, a related employment contract to the way in which an employee may be terminated. If this is the case, it is outlined in the handbook or policy manual that has been set by the employer. Once the employment contract has been entered in the parties, the employer must always honor the terms that are set in the terms of the contract. If an employee wishes to terminate the employment, he/she cannot be forced to continue working for an employer. If an employee is forced to continue in the employment relationship, it is considered as violation of both the U.S and California constitutions.

If anyone is contemplating to accept any new employment, it is recommended that he/she consult an attorney during negotiations before the contract. You therefore need to get an experienced attorney from United Employee Law Group. They will be able to review the contact that is proposed and give a piece of advice on the consequences of the terms and conditions there in the contract. They will also suggest additional and revision of terms that are more favorable to you. If you feel that your employer has violated the breach of employment contract, just feel free and contact United Employee Law Group and get assisted. It is advisable that you contact United Employee Law Group for employment contracts attorney because they will simplify the process and also call you back among many other benefits.

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Are you an employee or an independent contractor? And really, why does it matter? You’re getting paid all the same, aren’t you?

Not necessarily. There are distinct legal differences that you need to understand between the two, and whether you’re an employee or an independent contractor can affect your rights in the workplace.

How is your status determined?

In general, if you’re self-employed, you’re probably an independent contractor. If you work for a single company, you’re probably an employee. The California Division of Labor Standards Enforcement presumes that a worker is an employee, but each state agency has its own tests to decide which category someone falls into. The basic gist is this: The more control an employer has over how an individual does their work, the more likely they are in an employer-employee relationship. State agencies also look at other factors, including whether you’re doing work that a company regularly performs itself and how permanent your working relationship is with the company.

What is the difference between the two?

As an independent contractor, you’re performing work that a business would contract with you to do, such as writing or web design. You don’t just work for one employer, but contract with multiple clients. You set your own hours and fees, work from home or your own office, and set the terms of the contract with each client. An employee works for one business and has their work terms determined by the employer, such as hours, wages, and a supervisor who reviews their work.

What are the benefits to employees?

To begin with, an employer has to pay minimum wage, overtime, and payroll taxes for employees, as well as cover them under workers’ compensation and unemployment insurance programs. That’s not the case for independent contractors. Employers provide employees with benefits such as health insurance, sick leave, and 401(k) accounts. Independent contractors get none of these. Employees also are covered by state and federal anti-discrimination laws. Finally, employees usually get an hourly wage or yearly salary. Independent contractors are typically paid by the project, and only when it’s completed.

I think I’ve been misclassified. What can I do about it?

If you think you should have been treated as an employee and not an independent contractor, you may have a wage and hour claim against the company. Contact the United Employees Law Group to see if your rights have been violated and what can be done about it.

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When you are looking for a job, there are many papers that you will be required to fill and sign. It is however important to know what hiring paperwork is necessary and within the legal requirements. You should never sign anything without the help of a qualified lawyer lest you tie your own hands by getting into contracts with an employer that you cannot live up to or infringe on your rights. When you get hired be careful and go through each paper that is presented to you before you put your signature on it. Here is a look at the most common hiring paperwork documents you are likely to come across and what they are for.

W-4

This is a legal form that everyone in the US must fill. It informs the IRS of your tax filing status and how much of your salary will be withheld as income tax. This form will not just need to be filled on your first day at work but also subsequently on an annual basis. It should also be updated when your financial or personal status change.

I-9

Every employee that is placed on payroll by an employer must complete an I-9 form as is required by law. This is an Employment Eligibility Verification Form which declares that the employee is authorized to work in the United States. For this, identification and work status information needs to be provided.

Labor code §2810.5 Notice

This is a specific requirement for those who will be working in California. This form will contain the information that is required by the aforementioned labor code.

Other states will have different legal requirements depending on the state laws. Be sure to confirm what these are and fill all the hiring paperwork that you are required to.

In-house documents

The employer will most probably require you to fill several other forms with details they deem necessary. There are many documents which will differ from one employer to the other. Commonly these will include:

• Contact forms which will entail your physical address and other contact details for easy communication in case of any occurrences at the workplace.
• Job description entailing details of the job which the employer will use to monitor your performance.
• Employee handbook which outlines what the expected conduct of everyone at the workplace is. You will often be required to sign an acknowledgement to abide by this so be sure to fully understand every clause before signing.
• Employer property receiving and handling documentation. When you are handed keys, identification cards and other company property you will be required to sign that you have received and acknowledge to abide by the set regulations.

Third-party documents

The most common are documents by insurance providers who cover the employees medical and other policies. Some companies also outsource functions like payroll handling and others. Documents showing you agreeing to this need to be signed.

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