employment attorney Los Angeles - Stay Clear of Labor Law Violations with an Employment Attorney

Wednesday, August 29, 2012
People say that the state of California is the worst state to do business in. Yes the state is beautiful, but California's extensive labor laws easily show why doing business in California can raise headaches. For some business owners, they choose to set forth and relocate business to another state, but this is not always an option and the next best choice is to play by the rules and follow the extremely complex and continuously changing laws that always seem to favor on the employees behalf. Most employers stand good to always trying to comply with California's labor laws. However, simply trying to act for what is good does not always lead to favorable circumstances. Business owners should consult with a Business Attorney Los Angeles employers say to ensure that you are in complete understanding of the complexities and confusions the law holds.

One of the great things about an employment attorney Los Angeles employers say is that they can steer you away from some of the most common offenses made by other employers. Some of the most popular offenses that are made by even some of the greatest employers regarding wages and hours include failure to provide time to eat, failure to pay overtime and failure to accurately award paid time off and vacation. Employers that fall into these failures can have penalties that range from fines to completely shutting down. It is in your best interest to contact an experienced employment attorney before you fall victim to paying fines, or worse.

Another violation that several small businesses fall into is not having an employment policy handbook. It is crucial that any company in business has an employee handbook that accurately outlines their procedures and policies. Some employers fall liable to violations that do have an employee handbook because it is either not California specific, or happens to list violations within it. To be sure that your business steers clear of violations regarding an employments policy handbook is to have lawyer that can understand your business write one for you. If you do have an employment policy handbook that has been passed onto you, you should have a lawyer look through it before you give it to employees to ensure that there are no mistakes that could have you in trouble later.

All business owners should take the time to make sure that they are truly following all of California's complex labor laws. By hiring an employment attorney you can save yourself money and risk of being shut down with the assurance that you are in line with all of the laws. To get more information about California employment laws visit www.SmallBusinessLaw.org to read about common mistakes made by employers and what you can do to not fall into the same boat.

California Employment Law Ramifications of Class Action Lawsuits in 2012

Friday, August 10, 2012
Numerous changes to California employment laws have developed over the past year. Employers determined to steer clear of possible legal action must familiarize themselves with the new legislation and take necessary steps regarding the amendments emerging as a result of consequential class action lawsuits. Interestingly, two decisive lawsuits that are playing a role in amending California employment laws are both related to the issue of employee meal and rest breaks.Denied Meal and Rest PeriodsA decision by the California Supreme Court in 2011 ruled in favor of a class action lawsuits filed by dozens of employees. The employees claimed that they were denied both meal and rest breaks by their employer and requested a change in premium pay policy. Until now, the labor board in California required employers to pay one hour of premium pay per day, regardless of the number of meal and rest periods missed.

The Supreme Court ruled in favor of the employees who called for entitlement of two hours of premium pay for missing both one meal and one rest period.In light of this verdict, employers must ensure that their employees are provided with adequate breaks for both meals and rest. Employers must afford nonexempt employees with a 10-minute paid rest break for every 4 hours of work.Enforce or Provide Meal and Rest Periods?Employers are waiting for a verdict in a drawn out class action lawsuit which is scheduled to conclude this spring. The central issue to be resolved is whether or not employers are required to *enforce*, or merely *provide*, the opportunity for meal and rest breaks for employees. The case has been combined with a collection of other cases pertaining to related issues, such as the timing of rest periods. Can employers be flexible in the timing of rest breaks, or are they obligated to specifically provide rest periods during the middle of each work shift?For large employers, or those currently facing similar class action lawsuits, the outcome of this class action is particularly pertinent as an unfavorable ruling will create logistical challenges that will require them to reassess their current lunch and break period schedule.

In the interim, employers are recommended to proceed cautiously and ensure that employees are availing themselves of meal and rest breaks and that meal and rest periods are generally granted in the middle of the shift. Policies of this nature will prevent difficulties in the case of an unfavorable ruling for employers.The are just two major cases affecting California labor law in 2012. There are dozens more, both pending and decided, so California employers are strongly advised to familiarize themselves with them, or to contact a professional human resources consulting or employment firm for assistance.