EMPLOYMENT & LABOR LAW

Labor and employment law issues range from pay disputes to harrassment and discrimination, both on the individual and class levels.  The most important thing to be aware of is that you should seek help from an employment attorney or civil rights attorney to protect your rights if you feel you are the victim of any type of behavior that is punished under labor and employment laws.

Employee Compensation Records

Running a business means extensive records management and recording. Regardless of the what type of business you run there is a need to keep records for decision making and to comply with federal and state laws free legal advice. Every business is in the business of record keeping and failure to do so, can come back to bite you.

Keep track of the compensation paid to employees is no exception. Often employers to try to avoid having to pay taxes and having to comply with minimum wage, overtime, and meal period laws. Sometimes employers keep records, but then destroy them when a claim or audit is made. Some employers go as far as keeping multiple sets of records to avoid prosecution or liability. Unless exempted every employer is required to keep records under federal law, so it does not matter what state you have your business, under federal law you are required to keep records. The records are to be of the person employed, the wages, hours and other conditions and practices of employment and required to be preserved for a specified time. Read More on Employee Compensation Records

Sue Over Labor Overtime Or Commission Schemes

To forego concerns about labor overtime, overtime claims, wage claims and to insure employee performance businesses often implement creative commission structures designed to benefit the motivated employee and the employer. California overtime and compensation laws are generally very protective of workers and the legal system for the most part protects workers against creative commission schemes.   Read More on Overtime & Commission Schemes

Labor Overtime And Independent Contractors

Employers often hire workers and categorize them as independent contractors to avoid paying overtime, taxes, and complying with other federal and state labor and employment laws. In overtime cases the courts and the administrative agencies do not automatically accept the idea that a worker is not entitled to overtime rights by simply categorizing the worker as an independent contractor. The workers are more often than not still employees and can file overtime claims.

The test to determine if a worker is an independent contractor is based primarily on the principal's right to direct and control the manner and means by which the work is performed. It does not mean the employer has to exercise these rights. If the principal has the right to control then the worker will be an employee, even if the employer never actually exercises the control. When the principal does not have the right of direction and control over the worker, then the worker is independent contractor. The question in most cases is what does the right to control mean.  Read More on Overtime & Independent Contractors