Training on potential workplace safety issues Best practices: Although not required by law, organizations should implement and maintain anti-harassment and reprisal policies. Although anti-retaliation is often included in equal employment opportunity and anti-harassment policies, a stand-alone anti-retaliation policy is important because retaliation can occur in a variety of contexts other than discrimination or harassment (for example, following a complaint of wage and anti-working time violations). The National Labor Relations Board (NLRB) is an independent federal agency. It monitors and protects the rights of most private sector (non-governmental) workers. The NLRB helps workers decide whether unions should be used as negotiators. Understanding the most common types of legal issues can help employers avoid problems and employees understand what their legal rights are. « Work violation » is such a scary term that one could imagine it only happening in « bad » offices. Companies where everything is toxic and bad men smoke cigars in dimly lit offices while trying to find a way to get workers to do their jobs for as little pay as possible. And while it would be nice if these were the only type of offices that break the law, the truth is that there are many types of labor law violations. And they`re much more common and easier to miss than many people think. Minimum wage disputes are among the most common labor law issues in the state of California.
Our minimum wage is much higher than the federal minimum wage, and if a state law provides more protection for workers than a federal law, employers must adhere to those standards. Your employer is required to pay you at least the state minimum wage, and they cannot deduct operating costs from your salary (such as the cost of uniforms, cash register bottlenecks, or spills and breakages). Your employer also can`t force you to work for tips without paying you other wages. You must submit documents in support of your discrimination claim, such as emails, records, and/or letters. Your employer may hire lawyers to defend the claim, so you may want to consider legal advice or representation from an employment lawyer to protect your rights. If you feel like you`ve been unfairly fired from a job or fired from an employment situation, you may want to learn more about your state`s wrongful fire laws. Resist the temptation to rely on a handshake or verbal employment contracts, especially when dealing with friends or family. Resist the temptation to avoid written guidelines because they seem incompatible with a startup or business environment. Employee manuals, policies and procedures are sometimes not the top priority for business owners. When companies start hiring more employees, the risk of potential employment problems increases significantly.
These policies can be the first line of defense to protect your business. Harassment and discrimination in the workplace are common causes of legal problems between employers and employees. Again, federal and state laws can come into play. Federal laws explicitly prohibit discrimination based on national or ethnic origin, gender, age, religion, disability, gender preference, or retaliation. Discrimination doesn`t have to be clear and obvious to everyone – simply treating one employee differently from others can lead to discrimination complaints against an employer. Allegations of harassment are also common, particularly when it comes to sexual harassment and bullying. Company policies governing how these issues are addressed in the workplace should be clear, and policies should be provided when employees observe misconduct. Seven of the most common labor law issues involve things like: Companies, state and local governments must comply with most EEOC laws if they have 15 or more employees. In Ohio, most employers with one or more employees must purchase workers` compensation coverage and pay taxes on unemployment benefits. Other types of insurance may be required or recommended for your business to protect your assets from legal claims and settlements. In the most recent case of Now Bus. Intel.
Inc. v. Donahue, the Superior Court dismissed an employee`s objection to the applicability of his non-compete obligation. In rendering summary judgment in favour of the former employer, the court ultimately held that the temporary and short-term changes in the employee`s professional duties did not automatically constitute a substantial change sufficient to render unenforceable an otherwise reasonable and valid restriction after the termination of the employment relationship. If you have any of these employment law issues, we may be able to help. Call us at 818-230-8380 or fill out the form below. We will ask you a few questions, answer your questions, and let you know about legal actions you may be able to take. Today`s businesses need to be aware of the legal issues associated with employer-employee relationships and the responsibility they have to create and maintain a safe and fair environment. That is a problem. After all, ignorance of a violation could lead to the company violating labor laws for months, which will haunt the company once someone finally speaks to a lawyer. Potential issues like these are why many large companies choose to have them reviewed by law firms from time to time, which can help eliminate labor violations, large and small, before they become a bigger problem.
But if the company you work for — or the company you own — can`t afford such an audit or isn`t big enough to justify it, the second best thing you can do is look for the most common types of labor law violations. Then, if you catch a member of your team making these mistakes, you can correct them before the situation becomes a potential source of litigation.
