California state legislation has been at the forefront by passing several bills that prevent sexual harassment in the workplace as well as within the state legislature. The package of bills was signed by the Governor of California, Edmund G. Brown on September 30th, 2018. These bills were put in place in support of women, children, working families in California. Many of these bills addressed sexual harassment and discrimination in the workplace and provide sexual training requirement to address professional liability, settlement agreement and enforcement, and strengthen whistleblower protections by including new protection for state legislature workers.

Key Areas Covered By The New Bills

Frequently Asked Questions

Here, we explore the commonly asked questions that might help you:

i) What constitutes harassment at work place?

Harassment at workplace includes any discrimination against age, sex, pregnancy, religion, marital status among other factors.

United Employees Law Group

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It is very important for every employee to have sufficient knowledge concerning the minimum wage increase in 2019 so that they know their rights and voice their concerns just in the event that their rights are violated. This article thus aims to help all California employees get to know their rights on the California minimum wage laws.

The California minimum wage laws were instated to ensure a gradual increase in the minimum wages by $1 on hourly basis until a minimum wage rate of $15 was reached. As of 1st January, 2019 the expected wage rate is expected to increase to $12 per hour.

Pros of the Minimum Wage Increase

• Employees will earn higher earnings and as a result improve their living standards. They may also be able to save and later invest to start their own businesses. This will in turn be very important in the development of the state as a whole.
• Increase in the workers’ earnings serves as a motivation to hard work in their duties. This will therefore improve their productivity in the businesses and hence contribute to the success of the enterprises.

Cons of the Minimum Wage Increase

Despite the advantages on the increase in the minimum wage rate, businesses will be forced to spend more on the employees wages and hence reduce their total profits. Large businesses are a victim of this since most of the company’s returns are channelled to the employees payments.

Frequently Asked Questions

• Employees have always wondered where to take their wage complaints in case the laws were not adhered to. The United Employees Law Group (UELG) is always ready to listen to every employees’ complaints in California and therefore all workers are encouraged to voice their grievances through the group. Government authorities in the labor sectors are also available for such problems.
• The kind of evidence to provide just in case the wage increase was not implemented by a particular business is also another question bothering workers. Employees can always take their identification documents together with their pay slips to the UELG support team on such matters.
  As an employee, always ensure that you know your rights and speak up when any of them are violated. You can also visit the UELG website more details and for any other workplace disputes.
  

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COBRA which is shorthand for Consolidated Omnibus Budget Reconciliation Act offers workers the opportunity to be paying premiums for the group health assurance and hence retain it so that they do not end up losing in case their works hours are reduced, they lose their jobs or quit their jobs.

It’s a federal law which needs employers having 20 or more works who provide health care benefits to give the choice of perusing this coverage to their workers who would otherwise be deprived their benefits because of reduction in hours, termination of employment or certain other occurrences. 

Benefits That Are Covered

The following kinds of plans generally require to be provided to workers when COBRA is activated:

• Health care pans

• Alcohol and drug abuse plans

• Prescription drug plans

• Mental health plans

• Dental plans

• Vision plans

Some of the Events that Trigger COBRA

1. An employee’s involuntary or voluntary termination of employment, expect for gross misconduct

2. An employee’s depletion in hours of paid work

3. A worker’s entitlement to Medicare

4. A worker’s death

Pros Associated With COBRA Insurance Coverage

#1:You Will Not Have to Look for a New Health Cover

Having COBRA insurance coverage means you will not require looking for another health cover which can be hard to find if you have critical medical requirements.

#2: The Factors Defining COBRA Insurance Coverage Never Change

The procedure involved in filling claims, utilizing your insurance, or the other health insurance regulations do not change. 

#3: Assurance of Coverage When the Need Arises

If you are having a pre-existing health situation, you do not require worrying since you will not be denied coverage. 

Cons of COBRA 

If your firm cancels their plan or ceases its operations, this will make you lose your coverage. 

Why You Should Hire a Lawyer When Your Rights as an Employee are Violated

If you feel your COBRA insurance coverage rights are being violated such as your employer making changes that are likely to make you lose the coverage, it is vital you consider employing an attorney. Lawyers at UELG i.e. United Employment Law Group will represent you in court when the need arises and ensure they handle all the activities involved in your matter till you emerge a victor in your case of concern.

Our law firm UELG has well- trained lawyers and thus qualified to deliver great solutions when helping employees that feel uncomfortable with the decisions of their employers. 

Bottom Line

For more details about COBRA or how you can connect with us when the need arises, kindly make sure you call us soon for a consultation and quote on the services we offer. 

Photo Credit: Shutterstock/S_L

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Don’t get baffled by the fact that credit reports retain that negative credit history for seven years denying you access to loans and difficulties when purchasing a prime property. After filing bankruptcy the records are stored for ten years.

How to Clean Up Your Credit Report

Cleaning up your credit report annually is of utmost importance. Arranging your account books in order by getting rid of outdated information, correcting wrong information and inaccurate data, Don’t be perplexed when an agency approaches you boasting of how they can boost your company’s credit score, just ignore. This is a D.I.Y exercise.

Step one: Get all your credit reports onboard.
There are various credit report agency’s (C.R.A) which offer credit reports for free or either at a small fee. The popular agencies being TransUnion, Equifax, and Experian.
You should get reports from at least three top agencies to compare the emerging discrepancies from the results annually. This will guide you when cleaning up your credit report.

Step two: Read through the report.
Start by reviewing the reports step by step as provided for by each company. Ensure you mark any inaccurate information you come through.

Step three: Note the anomalies
Having read through the credit report, you should create a list of all the inaccurate, unfilled or incomplete information. For example, if you find that you closed an account recently and it is still operational you need to note that.

Step four: Filing Dispute.
This is the last step on how to easily clean up your credit report. Having listed all the errors you can find with the current credit history filing a dispute with CRA is the last solution.
A dispute can be filed either online or by sending a letter to the CRA. The top three companies above allow online dispute. After filling a dispute online ensure that you check your mailbox to confirm the agency received the complaint. Also, keep checking out what the response will be with regard to your case.
If you file the dispute via a letter ensure you have the correct set of address. Take at least a week waiting for their response.

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Arbitration is a type of alternative dispute resolution (ADR), which has increased wide acknowledgment in the business world as a method for settling disputes. Is this strategy ideal for your business and would it be advisable for it to be addressed in your agreements?

The reason for the clause is to stop the disagreeing parties from documenting claims in the common courts with the objective of sparing time and cost by experiencing the ADR procedure. However, if the agreement is silent on ADR, a party cannot be forced into arbitration.

Who arbitrates these cases? For starters, the American Arbitration Association is perhaps the best-known organization providing this service. However, there are several others available and which may be identified in the contract.

Does arbitration save money? This depends upon the circumstances of the dispute, but the process can still be expensive, as both the ADR provider and the arbitrator(s) charge for the service. Generally, arbitration is less expensive than traditional civil litigation, as the arbitration rules are geared toward limiting the pre-hearing discovery and applications. Further, arbitration is generally more flexible, whereby the parties have greater control over the pace of the matter and the hearing dates.

What should you insist upon in an arbitration clause? First, negotiate for the most favorable state law and ADR jurisdiction. For most businesses, having the ADR geographically close by is less expensive and gives you the ability to have your preferred law firm handle the matter. Often, the site of the arbitration hearing and the application of your state law to the issues will give you leverage when it comes to negotiating a settlement and may mean the difference in persuading the arbitrator to your position.

For cost-effectiveness, consider restricting the arbitrator to an up or down decision. This means they are authorized to state only who wins and who loses without going into any detail. Although this saves time and money, this option can be perilous if the case has complex issues requiring relief other than just monetary. The other option is a “reasoned decision;” whereby, the arbitrator gives their reasons for the decision made. By permitting the arbitrator this authority, you lose some of the control over cost, but you may prefer to know the basis for the decision.

Third, restrict the ability to appeal decisions and request that attorney fees and arbitration costs be awarded to the “prevailing party.” These terms will maximize the ability to settle the case before it proceeds to an arbitration hearing.

What are the advantages of binding arbitration over going directly to court?

1. Arbitration ordinarily takes less time than experiencing the court framework.
2. The arbitrator typically has an exceptional skill that a judge does not.
3. The expenses of arbitration are generally substantially less than going to court.
4. There is more adaptability in booking the arbitration than in planning a court case.
5. The procedures are more private than the court if the parties don’t need exposure.
6. A binding decision may only be appealed under exceptionally restricted conditions, for example, arbitrator bias.
7. A coupling intervention choice is commonly less demanding to uphold than a court arrange.

What are the cons of arbitration?

1. An arbitration can likewise be exorbitant particularly if there is an authority board.
2. The parties may differ with the decision, yet except if the arbitrator displays predisposition or extortion, the parties are screwed over thanks to it.
3. An intervention may take up to a court case if there are booking troubles.
4. The arbitrator does not need to pass by a point of reference. The arbitrator settles on the decision just basing arguments on this set of facts

How UELG Can Help Employees

Every employer working in any organization in the U.S.A is entitled to fair treatment and compensation for any misfortune resulting from the company or employer. Sometimes you may decide to settle your case through arbitration but you may find it difficult as you may face bias from the arbitrator. If you or your associate get trapped in this scenario, call upon united employees law group (UELG) for quick help.
According to the language of the Free Choice Act, UELG will:

(1) give workers more prominent freedom to form associations and build up business contracts

(2) rebuff against association boss striking back and provocation

(3) force bosses to bargain auspicious and sincerely in negotiating contracts

Our mission is to ensure our clients find justice in every sing employee right violated by employers.

Contact us today for sure justice!

Photo Credit: Shutterstock/ fizkes

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If you are an employee employed “at will” that means that your employment contract can be terminated at any time for no reason or any reason, excluding illegal reasons. If your employer decides to cut ties with you that means that it is the end of your work you were hired to do and your legal rights are very limited for the purpose of fighting your job termination. Moreover, an at-will employment means that as an employee you are free to leave your job for no or any reason at any time with no legal consequences that are adverse.

How Do You Know If You Are An At-Will Employee?

The existing law presumes generally that an employee is employed at-will unless you are able to prove otherwise. You can prove that you are not employed at will either through the oral statements made by your employer or your employment-related written documents.

Employment Documents

If you are employed at the present, to know if you are an at-will employee, check your employment documents that mention that. If you signed an agreement or a document stating that you are an at-will employee, your story almost certainly ends here.

In a case that you have not signed a document that agrees that you are an at-will employee then you have to check with manual/written workplace policies. It is important to note some of the
employment documents may not expressly use the term an at-will employee. An employment document may simply state that your contract can be terminated at any time or fired without cause and that makes you an at-will employee.

If you have been fired and a good cause is required for fire then you have to rely on the written policies. Additionally, if you signed an employment contract that guaranteed job security then that
means that you are not an at-will employee.

Statements by Employer

If during the process of hiring or even later you are informed by your employer statements that you will be employed as an at-will employee, the statements will be relied on as proof if your employment contract is terminated. On the other hand, if your employer statements indicate that you will be fired only because of a good cause then that means you are not an at-will employee.

At-Will Employee Rights

Even if you happen to be an at-will employee, still you cannot be dismissed from work because of illegal reasons according to both the state and federal law. For example, you cannot be relieved of duty for complaining about an illegal activity.

At-Will Agreements

To safeguard the right of an employer to fire you at will, as a job applicant or new employee, you will be asked to sign a statement that is written agreeing to you being an at-will employee. Such a written statement might be included in an employment contract, employment application or elsewhere.

When to Sign an Agreement for an At-Will Employment

The default rule that exists is that as an employee you work at-will. In theory, there is no requirement for you to sign an agreement to be an at-will employee. Most courts though are of the view though that your job hiring can be rejected or you can be fired in case that you do not sign to agree to be an at-will employee.

When to Think Twice Before Signing an At-Will Employment Agreement

You should not sign an agreement if you have to rely solely on the promises of your employer for continued employment by accepting the job. Do not sign an agreement that renegades on the promises made by your employer. Ask the employer to include the earlier statements or promises into writing if he/she stands by them. If your employer changes his/her tune or refuses to honor its written statements then it may be the perfect time to talk to us, the United Employees Law Group.

Photo Credit: Shutterstock/Rawpixel.com

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As an employee you have a right to: be provided with safety gear that includes harness, gloves and a lifeline in case there is a risk of falling, be protected from chemicals that are toxic, request an OSHA inspection and speak to the person carrying out the inspection, report an illness or injury and get copies of medical records concerning the injury, get access to copies of test results that were done to find hazards in the workplace, see copies of the workplace injury and illness.

Frequently Asked Questions

What should an employee do if there is a dangerous situation at work?

If you that your working conditions are unhealthy or unsafe then you may go ahead and file a complaint with OSHA. The first thing to do would be to bring the concern to the business owners attention. if they do not take any action then you can file a complaint with OSHA. If the concern may result in serious physical harm or death you have a right to refuse to work in an environment where you fell you would be exposed to a hazard.

What Happens If I am injured on the job?

Employers are required to inform OSHA of a workplace fatality within eight hours. They must inform OSHA within 24 hours of any hospitalization of employees, loss of an eye or an amputation due to work-related concerns.

What happens after I file a complaint?

Every complaint is evaluated by OSHA to determine whether the complaint should be handled as an off-site investigation or an onsite inspection. When your complaint is written signed by workers r their representative and submitted to an OSHA office will usually get an in site OSHA inspection.

Bottom Line

For the last decade, UELG (united employees law group) has focused on employment law. They have handled more than fifteen hundred employment law cases and have been awarded more than two hundred and fifty million dollars for employee cases. They can be able to advise you on how to file a complaint with OSHA and be able to advise in case you suffer an injury at your place of work, what steps you can take and how to go about it.

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Domestic violence is such an hard situation and one needs much time to handle it. As an employee, you may need some medical attention, some time to ensure the safety of your children while at home or just time to settle your domestic disputes with your family and this should not be debated since it is your right to be given time in order to settle such matters.

Where to Report Your Domestic Violence Issues

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