Successfully Managing Employment Law Matters In California For Over A Century
Who Our Firm Represents In Employment Law Cases
Our employment law firm primarily represents small to midsize businesses in Monterey County, San Benito County, Santa Cruz County, and the surrounding areas. We focus on representing employers rather than employees. This approach helps us avoid conflicts of interest, as our primary experience is business law. Many attorneys are experienced in employee representation – and we believe that employers deserve the same level of legal advocacy.
The Most Common Challenges That Employers Face In California
Employing workers in California comes with several challenges, including:
- Mandatory retirement plans: California requires businesses with five or more employees to offer retirement plans.
- Healthcare requirements: Employers must adhere to specific healthcare coverage regulations.
- Minimum wage increases: The minimum wage in California continues to rise annually, making it difficult to adjust basic budget plans.
- Meal periods and rest breaks: Employers must comply with changing rules regarding meal periods and rest breaks.
To stay informed about these challenges and any changes, you can consider joining a local Chamber of Commerce or subscribing to industry support groups that provide regular updates.
Our law employment law firm also offers annual updates for our clients, ensuring they receive the necessary information for hiring and maintaining employees. We are pleased to provide this update in both English and Spanish – incorporating changes from all relevant agencies to ensure our clients remain compliant with the latest regulations.
What Are Common Employment-Related Concerns In California Workplaces?
One of the most common employment-related concerns in California is the responsibility of employers to provide and track rest breaks for their employees. While the original intention of these laws was to protect workers in more physically demanding jobs, such as factory and field workers, the laws are now interpreted more aggressively.
In the past, employees could bring a lawsuit if they were not offered rest periods to access water and bathroom facilities every three hours. Now, employees who quit may consult a plaintiff’s attorney, who could bring a lawsuit based on the failure to provide a rest period if there is no record of these breaks in the employee’s HR file. The burden of proof falls on the employer, and if they cannot provide evidence of rest breaks being taken, the state may assume they were not provided.
Our firm’s primary concern for employers is a need for greater awareness regarding the maintenance of accurate records to protect themselves. This can lead to situations that feel unfair to the employer, but by educating themselves on the importance of documentation and compliance with labor laws, they can avoid unnecessary challenges.
Can An Employee In California Be Terminated Or Fired Without Cause?
California is an at-will employment state. This means that an employee can quit at any time, and an employer can terminate a worker without cause. However, termination actions should be taken with caution. For instance, if an employee has made complaints about workplace issues such as sexual harassment or discrimination, it is not advisable for an employer to terminate them. This could be considered retaliation for making a lawful complaint, causing potential problems to arise down the road. For reasons like this, employers should carefully evaluate the situation and address any valid complaints properly before making such decisions.
How To Protect Your Business From Wrongful Termination Suits
To protect your business from wrongful termination suits, you can:
- Obtain Employment Liability Insurance (EPLI): This insurance can be expensive and may have high deductibles, making it difficult for small to midsize businesses to afford. However, it can be helpful in cases involving large settlements.
- Annual Review of Employment Practices: Engage with a law firm or service provider to perform annual reviews and updates of your employment practices, ensuring you follow the appropriate HR procedures and stay informed about changes in labor laws.
- Seek Legal Counsel: If you have concerns about a specific employee, consult with an experienced attorney before terminating their employment. This can help you develop a strategy to address the situation and mitigate potential risks.
Call Hudson Martin PC To Find Out More
If you have been searching the internet for an “employment law attorney near me,” you’ve come to the right place. For more information on how our firm can help you, an initial consultation is your next best step. Contact our Carmel office at (831) 480-6608 or our Palm Desert office at (760) 227-7307 to get started with a proactive legal plan today!