Cathedral City Employment Lawyer For Employers
In California, large corporations and small family businesses alike require legal representation to protect their interests. State and federal laws work to protect employees’ rights and ensure that employers provide certain minimum workplace standards and an environment free from discrimination and harassment. Understanding how to comply with California’s many employment-related laws can be overwhelming. It is important to remember that your attorney can help you navigate through the applicable, sometimes overwhelming laws and protect you from potentially costly litigation and claims.
Not every business will have its own in-house legal department. But it is best if you have an attorney who is ready to pick up the phone and answer your questions. The Law Office of Karen J. Sloat provides experienced legal counsel for all of your employment law-related needs. Whether you are facing allegations of discrimination or harassment, being accused of violating wage laws, or simply trying to draft business documents and contracts, we are here to help you. In the wake of COVID-19, we also provide counsel to employers who are shifting the way their offices function due to the pandemic. Call us today at 760-779-1313 to speak to one of our dedicated Cathedral City employment lawyers.
Defending Against Allegations of Wage and Hour Violations in Cathedral City, California
If your employee or employees accuse you of violating California’s wage and hour laws, you can find yourself in a difficult and vulnerable position. The attorneys at the Law Office of Karen J. Sloat represent businesses accused of violating wage and hour regulations, and other labor laws, on these and other subjects:
- Meal and Rest Periods
- Sick, Vacation, Disability and other paid Leaves
- Reimbursement of Business Expenses
- Piece rate, flat rate, commissions, and on-call or standby time
- Breach of Contract/Contract rights concerning pay
- Severance pay
- Paystub compliance
Any defense against wage and hour violations will start with a careful analysis of your business practices and policies, which may bolster your defenses to these claims. Our attorneys will work to develop strong arguments to fight those allegations, based on the facts of your specific case.
Defending Against Cathedral City Workplace Harassment Claims
California protects employees from harassment at work based on the employee’s membership in one of the following protected categories:
- Age (40 and over)
- Ancestry, national origin (including language)
- Disability (including mental and/or physical, genetic, cancer, HIV/AIDS)
- Domestic Violence Victim Status
- Gender identity, gender expression
- Marital Status
- Medical Conditions (including genetic characteristics/information)
- Military or Veteran Status
- Political Affiliation (when a civil rights violation)
- Race, color
- Religion, creed, ethnicity
- Requests for certain leave
- Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
- Sexual orientation
Our attorneys regularly defend employers and their managerial employees against allegations of workplace harassment. If you are facing such allegations, contact our employment law attorneys right away.
Defending Against Employment Discrimination Claims in Cathedral City
Employment discrimination laws are the umbrella of laws including harassment. To discriminate against an employee, the employer must have made an employment-related decision based on a person’s membership in one of the above protected classes. While harassment claims are often based on the employer’s hostile work environment, a discrimination claim may involve an allegation simply that the employee was terminated, not hired, or faced other serious negative consequences because they are in one of the above protected classes, even if they were not actively harassed.
Even if you know that the allegations of discrimination are untrue, it is important to take the claim seriously and defend against such allegations aggressively. It’s critical for accused employers to retain an experienced and knowledgeable California employment law attorney, instead of getting advice from friends, family members or attorneys who do not focus on the complex California labor laws. Contact us today to learn more about your legal rights, your best practices and policies to prevent claims, and ways you can defend yourself against employee claims.
Misclassification of Employees and Independent Contractors
Employees are entitled to rights that are not available to independent contractors. Misclassifying an employee as an independent contractor is a way that employers violate that employee’s rights. For instance, if an employee is called an independent contractor, that person will not have access to the same breaks, overtime, leaves, benefits, and workers’ compensation to which employees are entitled, based on state law. New California laws strictly prohibit employers from deciding on their own what makes an employee an employee and an independent contractor a contractor. Courts and the legislature have identified specific criteria and aspects of a person’s work and relationship to the “hiring entity” which qualify that person as an employee, and not an independent contractor. In general, independent contractors have much more control over their work and function as a separate business. Workers who are paid by the hour, are subject to employer supervision, or who do not have a verifiable separate business – as some criteria – will likely be viewed by the government as an employee rather than an independent contractor. Employers need to understand these distinctions to avoid conflict with their employees and independent contractors whom they may hire. A Cathedral City, California, employment law attorney can help you understand the differences and avoid later complications. Also, if you are currently facing allegations of misclassifying your employees, or facing a government audit, contact our attorneys today.
Employment Contracts and Severance Agreements in Cathedral City
Businesses often use employment contracts and agreements to establish the terms of work relationships. Contracts help define the terms of the person’s employment and job duties, while they protect a business from disputes with its employees later. An attorney can help create and review your contract and resolve breach of contract claims. Businesses should also be very careful when paying severance and entering into severance agreements where employees’ claims are released or waived. Contact us to prepare your Cathedral City severance agreements that comply with applicable laws and will be enforceable.
Resolving Employment Disputes in Cathedral City, California
There are many ways for employers and employees to resolve work-related disputes. Alternative dispute resolution refers to any method of resolving a claim that does not involve litigation. Mediators can sometimes help parties come to an agreement by working as a neutral go-between who helps the parties agree on a settlement. However, mediators have no authority to draft a binding order with which employers and employees must comply. Arbitrations are also a form of alternative dispute resolution, like an informal trial proceeding, but arbitrators can make binding decisions that courts will typically uphold. Sometimes there will not be any way to avoid litigation, and you have to defend yourself in a court of law. Your attorney will help you understand the various options for dispute resolution and develop a strategy that protects you and your business interests.
Cathedral City Employers, Contact the Law Office of Karen J. Sloat Today
Whether you are being investigated, being audited, facing claims from disgruntled employees, or trying to establish or terminate employment relationships for your business, the Law Office of Karen J. Sloat can help you. Call us at 760-779-1313 to speak to a Cathedral City employment law attorney today.