Legal Advice for Small Business Employers
Small business employers struggle to keep up with the complexity and pace of change in employment laws, and often rely on intuition and common sense to muddle through situations that arise with their employees. Unfortunately, our legal advice for small business employers is that “winging it” can be quite costly. Chuck provides his clients with easy to understand, practical, prevention strategies and legal advice to keep them out of court and focused on what they do best- running a business. The real challenge for small business employers is they don’t know what they don’t know and fail to seek the timely legal advice they need to prevent costly claims and lawsuits.
Representing Small Business Employers in Private Sector
Rather than play Russian Roulette with the business, smart employers know that the costs to educate management, comply with laws, and possibly defend against claims and lawsuits is simply a necessary cost of doing business. Thus, they spend the time and money required to create legally compliant employment policies, practices and programs. They also give legal advice to small business employers to minimize the risks of large lawsuit recoveries and defense costs to purchase Employment Practices Liability Insurance (EPLI). For many who heed this legal advice, it is as simple as paying money now or risk paying much, much more money later.
No Good Deed Goes Unnoticed: Are You Guilty of Any of These Good Acts?
Although this might appear to be a cynical interpretation of this famous cliché, it is a common experience of lawyers that employers who bend over backwards to accommodate certain employees are surprised when these same employees or their co-workers (who perceive favoritism) file claims against them.
Not knowing what is legally required, simple accommodations can sometimes turn into illegal actions. Common examples include:
- Allowing a single mother to skip lunch so she can leave early to attend her daughter’s dance recital, could result in a meal period violation;
- Permitting an insecure employee who says she needs extra time to complete her work and works off the clock to relieve the stress she feels, is a record keeping and minimum wage violation and possibly overtime violation; or
- Granting extra time off to a stellar employee to attend her son’s bar mitzvah, while denying another employee’s request to attend her son’s baptism, could result in a religious and sex discrimination claim.
Inconsistent application of employer policies and practices, whether written or oral, does get noticed by employees, even if well intentioned, and may lead to negative consequences
Gain More Control
Chuck brings compassion, real world experience and practicality to his small business clients. He understands how frustrating and complicated employee situations can be and encourages employers not to wait until threatened by a lawsuit.
The Law Office of Chuck Farrar provides the information and support employers need to audit their current employment practices and policies and take strategic action to come into compliance with applicable employment laws and create best practices that not only help the employees and business prosper, but also minimize expensive defense of lawsuits and claims.
Chuck collaborates with Janice Knight, a Senior Human Resources Professional (SPHR) with 30+ years of in-depth, “hands-on” experience, to offer his clients a variety of practical strategies and programs designed to help small business employers understand compliance requirements and implement practices, policies and systems to sustain compliance and best HR practices. Attorney-Supervised HR Consulting Services available with Client Engagement Agreement.
Employment Law Services
Wage and Hour Law
- Employee classifications: independent contractor/employee, exempt/non-exempt
- Overtime, Record keeping, Payroll Practices, Meal and Rest Periods
- Travel, Mileage and Reimbursement
- Bonuses, Compensation, Incentive Pay, Fair Pay Act
- Commission Agreements
- PAGA claims
Discrimination and Harassment
- Disability and Pregnancy Leaves of Absence, Accommodation and Interactive Process
- Investigations
- Protected Classes Discrimination/Harassment in California: Age, for people 40 and older, Genetic information, Marital status, Medical condition (including cancer/genetic characteristics) or AIDS/HIV status, Mental or Physical Disability, National origin and ancestry, including language use, Pregnancy and perceived pregnancy, Race and color, Religion, Sex, including: Pregnancy, childbirth, breastfeeding and related medical conditions, Gender Identity or Gender Expression, Sexual orientation, Military and Veteran status, Political Affiliation
- Retaliation
- Mandatory Employee and Supervisor Harassment Prevention Training
- Non-discriminatory Recruiting, Selection and Hiring Practices
- Sexual Harassment and Unlawful Harassment Policy Development and Practices
Leaves of Absence and Time Off
- Legally Protected Leaves of Absence
- Administering Leaves of Absence
- Vacation, Sick and PTO
- Handbook Leave Policies and Implementing Forms
- Families First Coronavirus Response Act (FFCRA) and other COVID-19 Requirements
Employer-Employee Agreements
- Employment Agreements
- Offers of Employment
- Confidentiality and Proprietary Information Agreements
- Restrictive Covenants
- Teleworking Agreements
Employee Disputes, Discipline and Termination
- At Will Employment Practices and Documents
- Dispute Resolution Agreements- Mediation/Arbitration
- Whistleblower/Retaliation
- Final Pay
- Exit Interviews
- Reductions in Force/Layoffs
- Severance and Separation Agreements
Privacy and Safety
- California and federal privacy protections
- Social Media and electronic devices
- Confidentiality of Employee Information
- Workplace Violence Prevention and Security, including concealed weapons
- Injury and Illness Prevention Programs
- Bullying
- Whistleblowers
Management and Supervisory Training
- Best Practices to Minimize Lawsuits and Claims
- Sexual Harassment Training, and other forms of Harassment
- HR Best Practices – Administration and Compliance Systems
Representation for Executive Employees
Chuck also helps executives and senior managers negotiate Employment and Separation Agreements and severance packages.
Law Office of Chuck Farrar
101 W. McKnight Way, Ste. B, #266, Grass Valley, CA 95949
Real Estate Law, Business Law, Employment Law & Litigation
Attorney, Mediator and Counselor
(530) 273-0800; (530) 277-4862- mobile;
Emails: Email Chuck using first name @ website address;
Email Janice using first name @ website address
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