Ortega Business Law Firm, APC represents individual and corporate employers in transactional employment law matters. Managing the myriad of employment issues is a challenging aspect of operating your business and Ortega Business Law Firm, APC is here to assist you meet that challenge.
Our attorneys have represented both large and mid-sized public and private entities in employment litigation and counseling, which have included cases relating to harassment, wage and hour, wrongful termination, discrimination and disability issues.
With our extensive experience in the area of employment law, we can create and implement systems within your company or organization, counsel and guide you through your decision-making process regarding your personnel and protect you from the threat of liability that stems from employee-related issues.
Some of the tools we implement in creating this shield for our clients include:
- Employee policies, including modification and renewal of policies to ensure that they are in compliance with state and federal laws. Policies such as employee handbooks are an essential defense tool for an employer. Since several Supreme Court cases in the 1990s established an employer’s ability to create defensive mechanisms within their business, employee policies/handbooks have been at the forefront of this defense. These policies, which establish the basic parameters of employment relationships relating to employee classification, benefits, rights, conduct, etc., help navigate the challenging role of employers. Keeping your employee handbook up to date can help minimize potential litigation.
- Company policies, including procedures for dealing with and resolving employee grievances and ensuring compliance with new laws and standards.
- Employee Retention packages. An important aspect of retaining employees is ensuring that they have a full understanding of their job responsibilities at the outset of the employment relationship. A comprehensive packet containing all of the information the employee needs to begin their employment will set a good start to that relationship and protect an employer from future liability.
- Termination packages, including counseling and training on severance issues with executive and key personnel; common mistakes, which expose employers to liability, typically occur when the employee is separated from his or her employment either by resignation or termination. Such mistakes can be avoided through the creation and implementation of a salient termination packet that deals with the myriad of issues connected with these instances. A well thought out and organized plan can prevent a lot of these problems.
- Negotiation, drafting and implementation of Independent Contractor contracts.
- Negotiation, drafting and implementation of employee contracts. California is an “at-will” state, which means that employment relationships generally can be terminated at any time, for any lawful reason. This does not preclude employers from entering into agreements with their employees to establish the particulars of the relationship.
- Training of supervisors and managers with regards to discrimination, sexual harassment, disability and wage and hour issues. In today’s volatile work environment, it is imperative that employers train their management and supervisory staff in order to mitigate any potential liability. It isn’t enough to have a simple discussion with managerial staff; rather, it is sound policy to continuously analyze and train for potential threats in order to avoid costly concerns.
- Matters relating to Wage and Hour Laws. One of the most common mistakes that employers make is to misclassify employees as exempt from overtime requirements. Any such misclassification can cost the employer substantial effort and expense as it can be held responsible for paying those employees for all of the past overtime they were entitled to, plus additional fees and penalties.