As the legal guidelines are regularly updated, employers are encouraged to keep pace. Some of the most important legal aspects to consider are: There are two main types of harassment that occur in U.S. workplaces: harassment in the hostile work environment, where harassment is so severe or pervasive that it leads to hostile working conditions, and against sexual harassment, which usually involves trafficking sexual or romantic favors in exchange for favorable working conditions. Minimum wage disputes are among the most common labor law issues in the state of California. Our minimum wage is much higher than the federal minimum wage, and if a state law offers more protection to workers than a federal law, employers must adhere to those standards. Your employer is required to pay you at least the state minimum wage, and they can`t deduct operating costs from your wages (such as the cost of uniforms, cash shortages, or spills and breaks). Your employer also can`t force you to work for tips without paying you other wages. It is simply a general overview and not a substitute for legal advice in a particular situation. This new non-compete obligation has taken a long time and will certainly pose many new problems for employers and employees. If you would like to consult a lawyer about a non-compete obligation or restrictive agreement, please contact our office. However, if a problem arises with multiple customers, they can team up to take legal action against your company for negligence.
To avoid such problems, every company must have quality control in place and be proactive in preventing potential escalations that lead to heavy fines and a ruined reputation. The enforceability of restrictive agreements is determined by state law and varies depending on the jurisdiction in which a party wishes to enforce them. Types of restrictive agreements include non-compete clauses, garden leave provisions, non-solicitation prohibitions for customers, non-solicitation prohibitions for employees, and confidentiality agreements. You are entitled to certain rights in the workplace, especially those that protect you. This includes the right to: 2. This Act has no effect on other restrictive agreements such as solicitation prohibitions or non-disclosure agreements. Nor does it regulate non-compete obligations which are concluded in the context of a sale of a business or for which there is no employment relationship. Non-competition obligations imposed in the context of the termination of the employment relationship are also exempt. However, a successor owner may have collective bargaining obligations if: (a) the successor owner retains all or some of the employees, the work of the employees remains largely unchanged, and the nature of the employer`s business is essentially the same; (b) the successor employer expressly or implicitly indicates his intention to recognize the agreements; or (c) the National Labour Relations Board (NLRB) designates the successor employer who wishes to continue the existing bargaining unit without specifying new terms and conditions of employment. ICLG provides a comprehensive yet accessible platform for comparative legal information. Its section on aviation law is fascinating, informative and practical. ICLG employees not only give of their time, but are also competent and efficient.
Thank youOtibho Edeke-Agbareh – KENYON To ensure that the company is committed to occupational safety and health, it is necessary for an employer to create a health and safety policy in which he clearly defines the responsibilities and procedures of the company that will be followed to prevent injury and illness. Discrimination is a significant issue in U.S. workplaces. Chances are you`ve seen it yourself – or worse, experienced it. Discrimination is unfair or harmful treatment of people with certain characteristics. Discrimination in the workplace generally refers to: collective agreements are regulated by the NLRA, which sets out bargaining requirements. The number of employment contracts subject to collective bargaining has decreased over the years; however, they are more common in some parts of the United States and in certain employment sectors. If you have any of these labour law issues, we may be able to help you. Call us at 818-230-8380 or fill out the form below.
We will ask you a few questions, answer your questions and inform you of any legal action you may be able to take. 8.5 Can an employer control an employee`s use of social media inside or outside the workplace? While there are industry-specific issues that vary depending on the business model, here is a list of specific legal issues that the majority of business owners face, regardless of the type of business they run and how you can protect your business from them. Effectively managing a workplace can be a difficult task. In addition to making sure your employees are motivated, productive, efficient, and generally satisfied at work, you have other difficulties to worry about. A good example of this is the common legal problems that can arise in the workplace. The fact is that legal issues exist in both employer-employee and business-consumer relations. Workplace drug program laws are complex, but employers can follow the basic steps to create a foundation for compliance. 6.
Procedural agreements shall be subject to anti-competitive agreements at the time of the offer of employment or ten days before the date of entry into office of a new worker, whichever is the earlier. Existing workers may be required to sign non-compete obligations, but employers must now provide compensation “regardless of job retention.” The claims that a fired employee may make depend on the jurisdiction in which the claims are made and under which the laws the employee asserts that his or her rights have been violated (federal, state, and/or local). Possible complaints include: unlawful discrimination; retaliation for the exercise of a legal right; unlawful termination; breach of any contract or agreement, express or implied; and violation of the good faith and fair dealing agreement. The high cost of legal services is one of the main reasons why small business owners avoid hiring legal representation until it`s almost too late. However, there are other ways to avoid long and costly litigation. 8. Finally, it should be noted that the new law prevents the application of non-compete obligations against certain workers, including non-exempt workers, short-term workers, workers who have been dismissed or dismissed without giving reasons and workers aged 18 or under. Denial of reasonable accommodation in the workplace for a disability or religious beliefs Overall, a non-compete obligation that is not supported by any of the legitimate business interests mentioned above is declared null and void and unenforceable. Although many employers require employees to sign non-compete obligations as part of the above interests, lawsuits are still filed. Those who typically prevail in disputes arising from non-compete obligations and agreements usually do so in the following circumstances: intellectual property disputes can take years, and small businesses run the risk of losing if they are sued by larger companies with a larger budget and a larger legal team. Employers and employees should seek specific legal advice regarding the impact of the law in their own situation. However, here are some of the highlights and key regulations to keep in mind: Over the past few months, the issue of access, collection, and use of users` personal information has been hotly debated around the world.
Since the above and similar guidelines can be difficult to decipher, it`s best to hire legal counsel to review all the points and clarify the changes your business needs to implement to comply with all the rules and regulations listed. The way you treat your employees and the way you treat your customers can have negative consequences if you do things wrong. The laws that apply to corporate culture are specific and strict, but they also change very often. In other words, employers and employees need to be aware of these laws in order to remain compliant and protect their rights. Here are some of the most common legal issues in the workplace that everyone should be aware of. One of the most common legal issues in the workplace is customer dissatisfaction. Their dissatisfaction, in most cases, stems from broken promises and defective products and services. The level of dissatisfaction can range from customer outrage to class action lawsuits. In Singapore, it is interesting to note that the region is heavily committed to improving the skills of its local workforce.
Although Singaporean entrepreneurs welcome unique immigrant talent, the government has taken steps to address the problems that arise with a significant influx of immigrants. Some restrictions have been imposed on the recruitment of foreign talent, resulting in a labour shortage. However, a recent decision to give consent to foreign spouses instead of making the transition from work has reduced the problem. With the help of an in-house lawyer, it`s easier to define whether or not a particular candidate is eligible for the position…