Employment Compliance, also known as State and Federal Labor laws, require employers to follow specific requirements when hiring, paying, and firing employees. The Fair Labor Standards Act (FLSA) applies nationally and provides protections for all employees. California’s Labor and Workforce Development Agency oversees the various labor protections and requirements in California.
When a business is just getting started, often, the first concern is how to bring in more revenue. Expenses, such as a human resource person or department, are put to the wayside. This can cause problems down the road. Businesses do not anticipate firing a person when they initially hire them – but they should have a plan in place in case it is necessary.
Similarly, when a business is just getting started, finding the right talent to launch the business can take several tries. Small businesses can go through many individuals trying to find the right talent to complete the job. Letting employees go is a difficult task that may result in a labor dispute. Semanchik Law Group can help you prevent disputes before they arise.
One of the most important aspects to protect yourself as an employer is to document employee conduct and performance. Over time, as you determine an employee is not the right fit, employers need to keep track of poor performance or inappropriate or unproductive conduct.
Although non-compete agreements are unenforceable in California, businesses can protect themselves by entering contracts to keep intellectual property secret. This additional consideration can assist in protecting a business from an employee becoming a competitor.
Unfortunately, small businesses and nonprofits often find themselves in front of the Labor Board because they do not have the time or resources to devote to Human Resources or Employment Compliance. Semanchik Law Group frequently advises clients on employment matters in order to mitigate risk and ensure legal compliance. From drafting employment agreements and employee handbooks to assisting with employee termination, SLG will ensure that your business or nonprofit does not waste valuable resources defending an employment claim.