Indian Wells Employment Lawyer For Employers
Employment law involves a series of California regulations and federal laws that are designed to protect workers. Navigating employment law can be challenging, and an unintentional error can quickly cause serious problems, potentially resulting in an employee filing a claim against your business. Issues involving improper employee categorization, discrimination, harassment, wage disputes, and breaches of contract can cost a great deal to defend against. At the Law Office of Karen J. Sloat, our experienced Indian Wells employment attorneys understand how important it is to your business to establish practices that protect your company’s interests from disgruntled employees. We are available to help you develop business handbooks and training manuals, as well as the setup policies that help you deal with COVID-19. Putting in the time and resources now to establish best practices involving your relationships with your employees can help prevent many conflicts later down the road.
If you are facing allegations of wrongdoing at your workplace, our Indian Wells employment lawyers are here to help you develop a strategy to defend against those complaints. Call us at 760-779-1313 to discuss ways in which our attorneys can help your business.
Defending Against Harassment Allegations in Indian Wells, California
When people think of workplace harassment, they often think of sexual harassment and fail to realize that there are many other protected classes and types of harassment. Workers are protected from harassment based on the following:
- Race
- Religion
- Color
- National Origin
- Ancestry
- Mental or Physical Disability
- Medical Condition
- Genetic Information
- Disability
- Ancestry
- Sex
- Gender
- Gender Expression and Gender Identity
- Marital Status
- Sexual Orientation
- Age
- Military or Veteran Status
An employee who believes that he or she is being subjected to a hostile workplace because of his or her membership in one of the above-protected categories may file a complaint against your business for harassment. If you are facing such allegations, you should contact an Indian Wells employment law attorney to discuss the best ways in which to defend against such claims.
Defending Against Discrimination Allegations in Indian Wells
Protected classes of individuals for discrimination claims are similar to those in harassment claims. Employers are not permitted to discriminate against employees based on the following:
- Gender
- Sex
- Sexual orientation
- Race
- Ethnicity
- Age
- Pregnancy
- Disability
- Religion
- Genetic Information
- Marital Status
- Medical Conditions
- AIDS/HIV
- Military or Veteran Status
- Political Activities
- Domestic Violence Victim Status
You might understand that California employees are mostly workers serving their companies “at will.” An “at-will” employee typically can be fired with or without cause at any point by his or her employer. However, discrimination is an exception to at-will policies. If an employer makes an important employment status decision that negatively impacts an employee based on any of the above factors, the employee could file a claim against that employer for discrimination.
If you are facing allegations of workplace discrimination in Indian Wells, contact an employment attorney at the Law Office of Karen J. Sloat.
Indian Wells Wage and Hour Violations
Violations of wage and hour laws can result in severe consequences for employers in California. Although you may have a certain level of discretion as to what you pay your employees, failing to pay the appropriate minimum wage or neglecting to provide overtime pay to employees who are not exempt can result in serious legal consequences. If your employee or employees file a claim against you for improper wage and hour practices, your attorney will evaluate your business practices to determine the best way to defend against such allegations. California will often fine an employer for violations of the state’s wage and hour laws. Sometimes, such claims arise from something as simple as an employee stating that they have not been permitted to take breaks to which they are entitled. If you face a wage and hour violation complaint, contact one of our Indian Wells employment law attorneys for a consultation.
Categorizing Your Indian Wells Employees
When you hire an employee, you owe that person more than their wages. Employees in California may be entitled to certain work-related benefits such as health benefits, retirement benefits, and workers’ compensation insurance protection. For some jobs, you may require the help of an independent contractor rather than a full-time employee. If you choose to hire an independent contractor to perform work for your business, you must be cautious about your relationship with that contractor. Under the law, if you treat an independent contractor the way you would treat an employee, the independent contractor may be considered an employee in the eyes of the law. Such instances can result in the independent contractor complaining that he or she is entitled to employee benefits. Contact an Indian Wells employment law attorney to discuss ways to establish appropriate business relationships and avoid misclassifying your workers.
Resolving Employment Disputes in Indian Wells, California
Employers often choose to resolve disputes through arbitration rather than litigation. Arbitration may be less costly than litigating an issue between your business and a worker. The decision made by an arbitrator will be binding on both parties. Mediation is another form of alternative dispute resolution. A mediator cannot make a binding decision but can come up with creative solutions to issues between you and your employee. Unfortunately, there are times where you will have to defend yourself in a court of law. Your attorney will have to develop a strong strategy to defend you against employment-related complaints. If you have questions regarding the best way to resolve a dispute with your employee, contact an Indian Wells, California employment law attorney.
Indian Wells Employers, Call the Law Office of Karen J. Sloat Today
Contact the Law Office of Karen J. Sloat to learn how our attorneys can help your Indian Wells business resolve employment law-related issues. Call us at 760-779-1313 for a consultation.
