Employment Archives - UELG https://www.california-labor-law-attorney.com/category/employment/ California Labor Law Attorney Sat, 26 Sep 2020 19:51:36 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg Employment Archives - UELG https://www.california-labor-law-attorney.com/category/employment/ 32 32  COVID-19 Employer’s Responsibility https://www.california-labor-law-attorney.com/covid-19-employers-responsibility/ Sat, 26 Sep 2020 19:49:46 +0000 https://www.california-labor-law-attorney.com/?p=6324 This interval direction depends on what is as of now thought about the coronavirus ailment 2019 (COVID-19). COVID-19 is a […]

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This interval direction depends on what is as of now thought about the coronavirus ailment 2019 (COVID-19). COVID-19 is a respiratory ailment that can spread from individual to individual. The flare-up first began in China, yet the infection keeps on spreading globally and in the United States. There is considerably more to find out about the contagiousness, seriousness, and different qualities of COVID-19 and examinations are continuous. But shutting down businesses can prove dangerous. Now companies are going back to open their offices but without proper management it will be dangerous. Employers and employees need to be very careful during this time.

Employer’s Responsibility

 Photo Credit: https://www.shutterstock.com/g/nBhutinat

Organizations and bosses can forestall and slow the spread of COVID-19 inside the working environment. Managers ought to react such that considers the degree of infection transmission in their networks and overhaul their business reaction designs varying. Managers ought to follow the White House Guidelines for Opening Up America Again, a staged methodology dependent on current degrees of transmission and human services limit at the state or neighborhood level, as a feature of continuing business tasks. Business activity choices ought to be founded on both the degree of infection transmission in the network and your status to ensure the security and wellbeing of your workers and clients.

Organizations and managers are urged to arrange with state and local health authorities to acquire opportune and precise data to advise suitable reactions. Nearby conditions will impact the choices that general wellbeing authorities make with respect to network level methodologies.

As an employer, if your business tasks were intruded, continuing typical or staged exercises presents a chance to refresh your COVID-19 readiness, reaction, and control plans. All businesses should actualize and refresh as fundamental an arrangement that:

  • Is explicit to your working environment,
  • identifies all zones and occupation undertakings with expected presentations to COVID-19, and
  • Includes control measures to kill or lessen such introductions.

Talk with your workers about arranged changes and look for their information. Furthermore, work together with workers and associations to successfully impart significant COVID-19 data.

Reducing spread of COVID-19

Everything managers need to consider how best to diminish the spread of COVID-19 and lower the effect in your work environment. This ought to incorporate exercises to prevent and lessen transmission among workers,

  • maintain solid business tasks, and
  • maintain a solid workplace.
  • Forestall and Reduce Transmission Among Employees

Screen government, state, and neighborhood general wellbeing interchanges about COVID-19 guidelines, direction, and suggestions and guarantee that laborers approach that data.

Urge workers to stay at home

Effectively urge debilitated workers to remain at home:

  • Employees who have indications ought to inform their boss and remain at home.
  • Sick workers ought not come back to work until the measures to stop home confinement are met, in meeting with human services suppliers.
  • Employees who are well however who have a sick relative at home with COVID-19 ought to inform their boss and follow CDC and state and local suggested safety measures.

Virtual and In-person Health Checks

Consider leading every day face to face or virtual health checks (e.g., side effect or potentially temperature screening) of workers before they enter the office, as per state and nearby general wellbeing specialists and, if accessible, your word related wellbeing administrations:

  • If executing face to face wellbeing checks, lead them securely and consciously. Businesses may utilize social separating, hindrance or parcel controls, or individual defensive gear (PPE) to ensure the screener. In any case, dependence on PPE alone is a less powerful control and is more hard to execute, given PPE deficiencies and preparing necessities.
  • Complete the health checks such that keeps up social distancing rules, for example, giving different screening sections into the structure.
  • Follow direction from the Equal Employment Opportunity Commission with respect to secrecy of clinical records from wellbeing checks.
  • To forestall stigma and separation in the working environment, make worker wellbeing screenings as private as could reasonably be expected. Try not to make judgments of hazard dependent on race or nation of cause and make certain to keep up secrecy of every individual’s clinical status and history.

Separate sick workers

Employees who seem to have manifestations upon landing in work or who become sick during the day ought to promptly be isolated from different workers, clients, and guests, and sent home.

Have a method set up for the sheltered vehicle of a representative who gets debilitated while at work. The representative may should be moved home or to a medicinal services supplier.

Make a move if a worker is suspected or affirmed to have COVID-19 disease

As a rule, you don’t have to close down your office. In the event that it has been under 7 days since the sick worker has been in the office, close off any territories utilized for delayed timeframes by the debilitated individual:

  • Wait 24 hours before cleaning and sterilizing to limit potential for different workers being presented to respiratory beads. On the off chance that holding up 24 hours isn’t plausible, hold up as far as might be feasible.
  • During this holding up period, open external entryways and windows to build air course in these territories.

Cleaning suggestions

On the off chance that it has been 7 days or more since the debilitated worker utilized the office, extra cleaning and sterilization isn’t vital. Proceed with routinely cleaning and purifying all high-contact surfaces in the office.

  • Clean filthy surfaces with cleanser and water before sterilizing them.
  • To clean surfaces, use items that meet EPA measures for use against SARS-Cov-2external symbol, the infection that causes COVID-19, and are fitting for the surface.
  • Always wear gloves and outfits proper for the synthetic substances being utilized when you are cleaning and purifying.
  • You may need to wear extra PPE contingent upon the setting and disinfectant item you are utilizing. For every item you use, counsel and adhere to the producer’s directions for use.

Workers exposed to infection

Figure out which workers may have been presented to the infection and may need to play it safe. Inform workers of their conceivable introduction to COVID-19 in the working environment yet keep up secrecy as required by the Americans with Disabilities Act (ADA).

Most working environments ought to follow the Public Health Recommendations for Community-Related Exposure and train conceivably presented workers to remain at home for 14 days, telecommuting if conceivable, and self-screen for manifestations.

Critical infrastructure work environments ought to follow the direction on Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19. Bosses in basic framework additionally have a commitment to oversee conceivably presented laborers’ arrival to work in manners that best ensure the soundness of those laborers, their collaborators, and the overall population.

Educate your employees

Instruct workers about steps they can take to ensure themselves at work and at home. Encourage workers to follow any new arrangements or systems identified with disease, cleaning and sterilizing, and work gatherings and travel. Advise workers to:

  • Stay home on the off chance that they are debilitated, but to get clinical consideration, and to realize what to do in the event that they are sick.
  • Inform their boss in the event that they have a sick relative at home with COVID-19 and to realize what to do on the off chance that somebody in their house is debilitated.
  • Wash their hands regularly with cleanser and water for in any event 20 seconds or to utilize hand if cleanser and water are not accessible. Advise workers that if their hands are obviously filthy, they should utilize cleanser and water over hand sanitizer.
  • Avoid contacting their eyes, nose, and mouth with unwashed hands.
  • Cover their mouth and nose with a tissue when you hack or sniffle, or utilize within their elbow. Toss utilized tissues into no-contact garbage bins and quickly wash hands with cleanser and water for at any rate 20 seconds. In the event that cleanser and water are not accessible, use hand. Become familiar with hacking and sniffling decorum on the CDC site.
  • Practice routine cleaning and cleansing of as often as possible contacted items and surfaces, for example, workstations, consoles, phones, handrails, and door handles. Messy surfaces can be cleaned with cleanser and water preceding purification. To sterilize, use items that meet EPA’s measures for use against SARS-CoV-2external symbol, the reason for COVID-19, and are fitting for the surface.
  • Avoid utilizing other workers’ telephones, work areas, workplaces, or other work apparatuses and gear, whenever the situation allows. Clean and purify them when use.
  • Practice social removing by evading huge get-togethers and looking after separation (at any rate 6 feet) from others whenever the situation allows.

Practice social distancing

Set up approaches and practices for social separating. Adjust your workspace to support laborers and clients keep up social removing and genuinely separate representatives from one another and from clients, whenever the situation allows. Here are a few techniques that organizations can utilize:

  • Implement adaptable worksites (e.g., telecommuting).
  • Implement adaptable work hours (e.g., rotate shifts to restrict the quantity of representatives in the work environment simultaneously).
  • Increase physical space between representatives at the worksite by changing the workspace.
  • Increase physical space among workers and clients (e.g., pass through help, physical boundaries, for example, parcels).
  • Use signs, tape marks, or other obvious signals, for example, hued tape on the floor, set 6 feet separated, to show where to stand when physical hindrances are unrealistic.
  • Implement adaptable gathering and travel choices
  • Prohibit handshaking.
  • Deliver services remotely (e.g., telephone, video, or web).
  • Adjust your strategic approaches to decrease close contact with clients — for instance, by giving drive-through help.

Limit hazards to workers when arranging gatherings and social affairs

  • Use videoconferencing or remotely coordinating when feasible for business related gatherings and social occasions.
  • Cancel, alter, or delay huge business related gatherings or social affairs that can just happen face to face as per state and nearby guidelines and direction.
  • When videoconferencing or remotely coordinating is absurd, hold gatherings in open, all around ventilated spaces proceeding to keep up a separation of 6 feet separated and wear face covers.

Traveling

Cutoff travel and exhort workers in case they have to travel must avoid potential risk and arrangements:

  • Minimize insignificant travel and consider continuing unnecessary travel as per state and neighborhood guidelines and direction.
  • Explicit travel data for voyagers going to and coming back from nations with tourism warnings, and data for aircrew, can be found on the CDC site.
  • Advise workers to examine themselves for manifestations of COVID-19 preceding beginning travel and to inform their manager and remain at home on the off chance that they are debilitated.
  • Ensure workers who become debilitated while voyaging or on brief task comprehend that they ought to inform their manager and instantly call a human services supplier for counsel if necessary.

Conclusion

The best controls are those that depend on designing arrangements, trailed by regulatory controls, at that point PPE. PPE is the least viable control strategy and the most hard to actualize. Worksites may need to actualize numerous integral controls from these segments to viably control the danger. Otherwise instead of controlling spread of COVID-19 you will be increasing transmission rates and infecting more people than normal.

We all are going through a very tough time and only helping each other can prove beneficial. Try your best to practice all social distancing rules and regulation not only at your organization but also at your home. take care of your loved ones, and people around you.

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What Are My Right As An Employee When A Job Ends? https://www.california-labor-law-attorney.com/what-are-my-right-as-an-employee-when-a-job-ends/ Mon, 30 Sep 2019 08:00:48 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=2040 Leaving your job is never an easy thing to do. It doesn’t matter if you’re moving on because you found […]

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Woman being fired and taking her desk belonging out of the office in a cardboard boxLeaving your job is never an easy thing to do. It doesn’t matter if you’re moving on because you found a better paying job, you were laid off or fired, you might be wondering about employee rights San Francisco and what happens after you leave.

There are things that you need to be aware of when you leave a job so that you can ensure that you are being treated fairly. Below, we will be talking about layoffs, resignations and getting fired, how they impact you and what it means for you and your job as a past employee.

Getting Laid Off

Getting laid off is one of the worst ways to lose your job, especially since when these happen they always happen at the most inopportune times. Here are the issues you need to be concerned with when it comes to getting laid off and employee rights San Francisco.

– You are entitled to your pay from the time you were notified of being laid off until the actual date of the layoff. It doesn’t matter if it’s 2 days or 2 weeks.

– If you work at an office, facility or business that employees more than 100 people, you will need to be notified of the layoff at least 60 days in advance. Usually, when a company has layoffs it’s due to plant closings, the business going under or mass layoffs.

Man being fired and taking his desk belonging out of the office in a box

– During the in-between time of being notified and the actual date of the layoff, you won’t only be required to get paid, but you will also still receive all of your benefits. Some companies also might allow you to continue on with their health insurance plan even if you have been laid off, but this is something you would need to speak to human resources about.

– If you do get laid off, you may be entitled to unemployment.

Resignations From A Position

Although some exceptions may be applied, most of the time when you resign from a position you are not entitled to unemployment. Unemployment is specifically used for people that are no longer able to earn an income due to no fault of their own.

If it was your choice to resign, you cannot receive unemployment because you left on your own accord. However, if you resigned because of other reasons; being harassed or pushed out, you could take this to a lawyer as a claim and make a case against the employer or the company.

Fired Because of A Cause

On the other hand, if you were fired because of negligence on your part or any illegal activities, you will waive your right to any benefits after you get fired. This also means that you might not be able to get unemployment either.

If you have been let go from your job and you think you were either let go unfairly or not treated fairly, you might be able to file a claim with a lawyer. Lawyers want to help protect you and your employee rights San Francisco.

A lawyer will be able to go over the case with you and tell you if you have a case or not, and what steps you need to take next!


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Legal Requirements for Lunch and Break Times https://www.california-labor-law-attorney.com/legal-requirements-for-lunch-and-break-times/ Mon, 09 Sep 2019 18:29:27 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=2033 Whether you’re just starting to work or you’ve switched job locations, you might be wondering about how lunch and break […]

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Whether you’re just starting to work or you’ve switched job locations, you might be wondering about how lunch and break times work during your working hours in terms of employment law in San Francisco. According to Federal Law, an employer is NOT required to give you breaks for rest-time or meals. But the Federal Law does regulate how breaks are given to employees and if they are paid or not.

Short Breaks While At Work

One of the most common questions when it comes to employment law in San Francisco, is are breaks paid or not? In short, when an employer offers their employees short breaks – usually ranging from 5 to 20 minutes, the law will require the employer to pay for those breaks. The biggest reason behind this is because they are considered work time and they will account for the wages you make, as well as overtime.

Chairs around a table that is designed like a clock

In the state of California, employers are required to give employees rest breaks. The way this usually works is that the employee will get a 10-minute rest break for every 4 hours worked.

When it comes to employment law in San Francisco you might be able to get breaks, however, you cannot take unauthorized breaks or breaks for longer than the employer intends. This means that if you take a break without asking a supervisor or manager – or you take a break longer than 20 minutes, you could be held responsible for breaking the rules.

It should be noted though, that your employer must note that unauthorized break time will, in turn, lead to a punishment or lost wages for the day. If they do not make note of that and you got punished or lost your wages, this would be something you could fight, because you weren’t aware of it.

Meal Breaks While At Work

While a short break of 5 to 20 minutes is paid, meal times are not – especially if they are longer breaks. The employment law in San Francisco also states that employers cannot make an employee work during or through their meal break.

For example, if you are a receptionist at a warehouse and you take your lunch but also are asked to answer phone calls, file paperwork or anything else work related – you would need to be paid for that time.

Most states in the US do not require an employer to allow employees to have meal breaks. Only 24 states in the US do and these breaks require a minimum 30-minute lunch break. California is one of those states, but you must work at least 5 hours in one day to receive it.

Americans With Disabilities Act

You should also be aware that if you have any type of disability while at work, that your breaks or meal time might require more time for accommodations. For example, if you are disabled and in a wheelchair and need to take a bathroom break and bathroom breaks are only 5 minutes, you might need an additional 5 minutes, 10 in total if you are in a wheelchair.

Nurse helping a lady in a wheelchair

This time should not be counted against you, nor should you be reprimanded, punished or have wages taken away from you because of this.

If you feel that you have been treated unfairly, or discriminated against by your employer according to employment law in San Francisco it would be in your best interest to hire a lawyer. Most lawyers these days offer free consultations so you can talk about the case and see if they would be a good fit for your case.


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How Employers Can Streamline the Hiring Process in California https://www.california-labor-law-attorney.com/employers-can-streamline-hiring-process-california/ Mon, 01 Jan 2018 08:18:44 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1510 Hiring is an essential part of any firm’s expansion efforts. However, there are a couple of legal considerations when it […]

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Hiring is an essential part of any firm’s expansion efforts. However, there are a couple of legal considerations when it comes to the selection process. Job postings, structuring the interview questions, verifying references, and making recruitment decisions must be made transparently to avoid exposing the company to risks.

Employers may put their businesses at risk by asking illegitimate or discriminatory questions. California employment laws protect employees from any form of discrimination, ranging from religion, race, gender, family status, to even sexual orientation. This excerpt will guide you in the lawful recruitment process of California and assist you in avoiding liability during the recruitment process.

How Employers in California Can Improve Their Hiring Process 

California has the greatest hiring difficulties of any other state in the U.S. It has a unique set of regulations that employers must strictly adhere to during the hiring process. To avoid a company’s risk of prospective discrimination claims in the recruitment process, it is imperative for California employers to gain an in-depth mastery of the numerous state and federal laws that safeguard the rights of the applicants.

Additionally, they should come up with innovative hiring procedures and policies to address issues such as job advertisement, job descriptions, interview questions, background checks, and employment offers.

Sourcing and Hiring Applicants 

Recruiting new talent is crucial for a company to attain its goals and flourish in the ever-growing market. During the recruitment process, hiring managers should guarantee equal employment opportunity to all applicants.

They should come up with nondiscriminatory conditions for job descriptions and put in place nondiscriminatory measures for attracting talent. Ensuring each candidate has filled out an application form is a demonstration of adherence to California Equal Employment Opportunities (EEO) laws.

Selection Process 

Businesses should update screening and assessment processes to reduce the selection time and to leverage the new technology and advanced screening techniques. During the interviewing process, the hiring managers must focus on picking the right candidate for the job without bringing out issues that are protected under California EEO laws.

The interview questions should concentrate on getting information about the qualifications of the candidate as well as his or her capability to carry out the important job functions. Asking a candidate concerning an arrest, which did not proceed to pretrial or conviction stage is against California law.

Sourcing and hiring employees in California comes with a number of challenges for companies. Claims of discrimination and other types of violations can impede the success of a company. Therefore, California employers should have a clear understanding of all employment laws and observe them strictly.

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Illegal Interview Questions and Topics https://www.california-labor-law-attorney.com/illegal-interview-questions-topics/ Mon, 24 Oct 2016 10:17:59 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1402 It is normal that during job interviews, the employer will try to gather as much information as possible about you, […]

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Man in professional white shirt leading a business meeting

It is normal that during job interviews, the employer will try to gather as much information as possible about you, but keep in mind that it is against the law for the employer to ask about or bring up certain topics. Keep an ear open for possible illegal interview questions. Sometimes this might be hard to catch, as they are usually pretty simple and common questions. FEHA (California Fair Employment and Housing Act) declared that topics are that off-limits can fall under:

  • Racial / ethnic background and national origins
  • Age (over 40)
  • Religion
  • Marital status
  • Sexual orientation
  • Sex / Gender
  • Arrest and conviction record
  • Medical conditions and physical disabilities
  • Children

These interview questions can take in the form as:

  • Do you have any kids?
  • Do you take part in any religious holidays?
  • Have you ever been arrested in the past?
  • What country do you come from?
  • Do you socially drink?
  • Of what ethnic background is your accent?
  • Are you planning on retiring in the near future?
  • What is your credit score? Do you currently have any debt?
  • When was the last time you used drugs?
  • Are you pregnant?
  • How old are you?

Though seemingly innocent questions, these questions are not legal as they can make the interviewee subject to discrimination. FEHA (applies to companies with five or more employees) prohibits employers from asking interview questions related to any of these topics, either it be during an in-person interview or in an application form. Questions about physical ability are permitted when the job being applied involves physical activities, and the employer would need to know if the applicant would be physically able to do certain tasks. This also applies to the rest of the mentioned illegal interview topics as well.  These laws were implemented to ensure that the employer would make hiring decisions based on characteristics that really mattered, such as skills, experience, and attitude.


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Things to Know About Workplace Sexual Harassment https://www.california-labor-law-attorney.com/things-know-workplace-sexual-harassment/ Mon, 11 Jul 2016 17:08:33 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1083 Sexual mistreatment at a workplace is one of the most burning issues being faced by people today. It refers to […]

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Man leaning over woman with a hand on her shoulder and another hand pointing to her computer while woman is visible uncomfortable

Sexual mistreatment at a workplace is one of the most burning issues being faced by people today. It refers to unnecessary personal remarks, advances or behavior which is indulged into by employees or higher authorities. According to the law, asking for sexual favors or conducting offensive behavior at a workplace is considered as sexual harassment.

If you have been facing a similar issue, you have to take some steps and hire a sexual harassment lawyer. Fighting these things on your own is difficult. Get in touch with United Employees Law Group lawyers to discuss the problems you are facing in the workplace.

Here are some of the steps you should take if you have been facing this issue:

Know the approach
It is crucial to know and understand the person’s approach before concluding anything. As putting these allegations of sexual harassment has to be done with a strong base, try to know and understand what the person is trying to communicate to you. If the issues are related to sex or sexual favors, the person can be punishable by law. Hence, make sure you analyze things right.

Gathering the evidence
Evidence play a major role in the case where sexual mistreatment is involved. For putting your case together, you might have to follow the steps that are asked by you United Employees Law Group lawyers to follow. As everything might not be in black and white, you might have to get proof in cautious manner. That way, your case becomes stronger.

Reacting strongly
In a case of sexual advances, if the complaints go unheard by the management, it becomes crucial for you to react strongly. As a part of it, you must give a proof that you have been touched inappropriately. The culprit can also be prosecuted if the evidence of physical altercation is given by providing medical documents. Sometimes employees are also affected by the display of unwanted affection or inappropriate touching. If you have felt uncomfortable with such things, you must bring it to the notice of your employer at the earliest.

Apart from the problems mentioned above, employment discrimination based on race, gender, religion, disability, etc. is also faced by working people every day in the workplace. If you have been facing any such problems, get in touch with United Employees Law Group.


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Employee vs. Independent Contractor https://www.california-labor-law-attorney.com/employee-vs-independent-contractor-2/ Mon, 18 Apr 2016 21:55:28 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1371 Employees and independent contractors are two types of workers who are usually controlled by a company or a businessman. These […]

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Photo Credit: Shutterstock/ ESB Professional

Employees and independent contractors are two types of workers who are usually controlled by a company or a businessman. These statuses indicate a type of employees the business relationship that exists between employer and employee.

The main difference between a contractor and an employee is a degree of control and independence that an employer renders. To determine the degree, there are three parameters: behavioral control, financial control, and type of relationship.

A status of an employee is a constant presence of an employer. An employee has a constant income and other benefits, such as compensation. An employee has a certain set of skills and specific duties in a company that is important for doing business. Employees have a fixed salary for a certain period of time (month, week, hour) and a possibility of promotion. In the case of an accident during work, the employer provides compensation for a worker.

In exchange for these advantages, an employee refuses certain benefits and independence. It manifests in a schedule or a kind of work. An employee is regarded as an integral part of a company.

Another difference is that an employee works in a presence of an employer in office. In addition, an employer provides tools and methods for work, including training and further training. Most enterprises prohibit their employees to have “part-time” jobs.

On the other hand, contractors provide specific services for other enterprises. An independent contractor may be an individual or a legal entity. Unlike an employee, a contractor has less control and more independence.

An independent contractor may at the same time have a lot of customers. He has his own tools and methods of work. They set their own time and work rules. They are considered to be the third party. They aren’t actually a part of a company. Contractors in California, as a rule, self-pay all the taxes.

What Is the Verification for Determining Who Is an Independent Contractor?

In California, there are many state agencies that possess their own tests for defining whether someone is an independent contractor. Though each test differs somehow, most follow the same main concept: The more monitoring that the employer has over how the worker performs the project, the more likely he or she is an employee.

The same test that is used depends on what agency is concerned in the classification. For instance, the United Employee Law Group(UELG) has its own test if it considers your employer should have restrained payroll taxes from your wages or if it is determining whether you’re suitable for unemployment benefits.


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Overtime Pay in Regards to the New Rule https://www.california-labor-law-attorney.com/overtime-pay-regards-new-rule/ Mon, 14 Dec 2015 14:53:03 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1100 Recently, the Obama administration has declared a substantial change in the federal labor law. The publication regards the Department of […]

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Gavel and money

Recently, the Obama administration has declared a substantial change in the federal labor law. The publication regards the Department of Labor’s final rule, which modernizes the overtime regulations. Ideally, this change under the federal law is meant to extend overtime pay automatically to millions additional Americans.

Nevertheless, although the new rule for salaried workers’ overtime pay determines the employees, who qualify for the overtime pay when they work for not less than 40 hours every week, sometimes employment disputes may arise. When this takes place, it will be necessary for one to hire a United Employees Law Group Lawyer when they require help with legal guidance.

Here are the explanations and repercussions of the new rule:

First, a business cannot hire an individual with an agreed salary, for instance, $50,000 with the condition that they will work for some unpaid overtime hours, even if the worker agrees. As an illustration, the law does not permit an employer and the staff to decide not to follow the law. Therefore, it does not leave the businesses with any discretion in that regard.

Another point is that an enterprise cannot turn a blind eye to workers who are working overtime. Hence, even if an employee works overtime and does not report those hours since they want to demonstrate that commitment or perceive it to be their interest still the employer will not be off the hook. Consequently, an employer will be liable if they are cognizant that this is going on.

Additionally, the opportunities for the employees who wish to work long hours so as to advance their careers or get a promotion will still be there. Nevertheless, a staff member is not allowed to work overtime and not receive payment.

For all that, there are also some ways for a company to get around this law. For instance, a business can hire fewer employees than they had projected so as to cut down these costs. Another way is that a firm can decrease the number of hours its staff works. Even so, in this law, there are not that many loopholes.

Notably, this law seems like a huge added cost for carrying out a business since they will need to increase salaries or pay more ways in the form of wages. Nonetheless, the point is that it is insubstantial since it is a short-term cost for a company. However, they will increase the purchasing power of each.

Furthermore, many people are for this change because there have been numerous instances regarding the purchasing strength of the workers in America. Also, many retail outlets and manufacturers could work their employees for more than 80 hours, and they were not required to pay them overtime.

Recognizably, some of the jobs, which the change will affect the most, are the food and retail services. To explain, a retail or food manager who used make $30,000 a year and who would be exempt under the current law now will not be exempt. Therefore, food services and retailers will be subject to paying them overtime.

Importantly, this law contains an automatic update after three years. The law was updated for the reason that it wasn’t indexed to inflation. Evidently, more than 60% of employees were covered by the law in the 1970’s. However, more and more of them were moved outside the coverage as inflation increased and salary threshold remained the same.

Encouragingly, this law covers around 4 million workers as far as the Obama’s administration is concerned. Regarding percentage, the figure jumps to 35% under the new law compared to 7% under the current law.


Photo Credit: Shutterstock/Law and money

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Employee vs Independent Contractor https://www.california-labor-law-attorney.com/employee-vs-independent-contractor/ Mon, 15 Jun 2015 18:22:28 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1200 Are you an employee or an independent contractor? And really, why does it matter? You’re getting paid all the same, […]

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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.


Photo Credit: Shutterstock/Africa Studio

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Employee Rights in Regards to Using Workplace Computers https://www.california-labor-law-attorney.com/employee-rights-regards-using-workplace-computers/ Mon, 01 Dec 2014 14:57:43 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1091 An employee has fewer privacy rights in the workplace than they do in their personal life. For this reason, the […]

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Computer with blank screen on a green desk and green background

An employee has fewer privacy rights in the workplace than they do in their personal life. For this reason, the employees should be cognizant of what information they display when it comes to the use of computers at work. Nowadays, bringing the computer into play has turned out to be a way of doing business each day. Consequently, various questions have emerged as to the legal rights of the workforce to using their work computers for personal reasons.

Notably, technology has permitted organizations to keep an eye on various aspects of their worker’s activities in the workplace. Nevertheless, although the staff may perceive that such monitoring is a breach of their personal life, this form of surveillance is permitted under the law. Arguably, the employees are motivated to do so over litigation and the enhanced role that electronic evidence plays in investigations by government agencies and lawsuits. Accordingly, an employee can be subject to punishment, or dismissed if they violate the policies of an organization concerning personal computer usage.

The use of Internet at Work

Recognizably, employers can trail the internet usage of the workers, in regards to the website visited, the time they spend online, and their engagement in other activities online such as using the social media. In similar fashion, an organization may prohibit the staff from using the workplace computers for their individual activities or deny them access to certain websites and the internet altogether. To that end, there is no noticeable right to privacy allegations against a company for restricting or monitoring the employees’ internet usage.

It can be reasoned that the law grants the employers the prudence to dictate the policies for the personal usage of workplace computers so as to ensure their security. Notably, if the staff are downloading programs and information on the internet, the workplace computers may become vulnerable to various technological problems and virus. The security may also be regarding the workers violating the confidentiality rules of their enterprise. Another reason is that an organization owns the data transmitted to and from the computers since they own the computers.

Email and Privacy 

If an organization uses an email system, then it is the property of the employer, and they are allowed to review its contents. For this reason, the email messages do not have a theme to any law regarding personal privacy. Therefore, a company is free to read and monitor the messages of their staff, with no restriction. The rationale behind this is that the employers are ensuring that the employees are not disclosing confidential information, and they are productive. Additionally, they also do so to decrease the possibility of any wrongdoing or misconduct by the employees. Hence, a company is well within its rights to monitor the emails of the staff.

Written Work Policies 

In like manner, nowadays, organizations employ written policies concerning personal computer usage. They do so to place the workers on notice of their stance on the use of the workplace computers for individual functions. Importantly, the policies are meant to support the corporations when they choose to punish or even dismiss a staff member as a consequence of using the workplace computers inappropriately.


Photo Credit: Shutterstock/ Mallmo

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