Managing the Workplace
California Supreme Court Brinker Restaurant Rest/Meal Period Decision
After years of waiting, and $100s of millions (if not billions) in legal fees, settlements and damages paid by California businesses, the California Supreme Court has issued its rest and meal period decision in the Brinker Restaurant case. read more
“At-Will” v. Progressive Discipline
A Vision Law attorney recently met with a business owner who posed the following question. The owner said they spoke with another small/medium business owner who had a mandatory policy for the manager to write down every problem and disciplinary issue with every employee, provide three written warnings, and then after three warnings took disciplinary action [...] read more
California Supreme Court Hears Argument in Brinker Restaurant & Brinkley
A Vision law attorney attended the live oral argument before the California Supreme Court in San Francisco on November 8, 2011 on a case involving an employer’s obligation under California law on rest periods and meal periods. It is astonishing that the highest court of the State of California must rule on whether adults in [...] read more
Meal Period Waivers
California law requires an off duty unpaid meal period of at least 30 minutes for every five hours worked. The failure to provide the meal period results in a penalty of one hour at the employee’s regular hourly rate of pay (Labor Code section 226.7 – mandated meal or rest periods). California has two exceptions [...] read more
Separation and Severance
Sometimes it’s so hard to say goodbye. Separation/severance agreements can be used for goodwill or for legal protection in high risk employee departures. Severance agreements are most often associated with larger Fortune 500 type companies. We have all heard in the news folks like Goldman Sachs, Hewlett-Packard and the like paying massive “severance” amounts to [...] read more
You May Need to Give Your Salaried Exempt Employees a Raise!
What Are We Talking About? Since 2000, “exempt” employee status in California has been tied to the minimum wage. In other words, one of the required factors to maintain “exempt” employee status is that the exempt employee must be paid a “salary” that is at least twice the minimum wage. If the minimum wage goes [...] read more
Fire Sooner Rather than Later
Why Are We Afraid of Pulling the Trigger? California businesses have a hard time firing flailing employees, for any or all of the following reasons: Fear of an employee lawsuit or retaliation Business disruption and downtime if person is fired Lack of qualified replacements Feelings of guilt Feelings of friendship/soft heartedness Inertia, lack of time [...] read more
Independent Contractors
A Distinction With a Difference We are in the information age where the “knowledge worker” is king. More and more workers wish to operate as “free agents”—independent contractors. The problem is the federal and state government haven’t quite figured that out yet. The hot topic for them is “reclassifying” free agent independent contractors to employees [...] read more
Top 10 Preventable Employee Lawsuits
Wage and Hour Claims Discrimination Claims Wrongful Termination Claims and Whistle Blowing Claims Leaves of Absence Related Claims Harassment Claims Breach of Contract Trade Secret Misappropriation and Unfair Competition Defamation Claims Invasion of Privacy and Drug Testing Class Actions, and Business and Professions Code 17200 Actions (Download Full Report (PDF)) Avoiding Employee Lawsuits The California [...] read more
Preventing Employment Law Problems
Avoid Emergence of Employee Legal Problems
Many business owners and entrepreneurs tell us that dealing with employment law matters ranks among their least favorite management activities, while also being one of their greatest concerns. Understandably, they wish to focus their efforts on activities which generate revenue and which keep their customers happy and their employees busy.
For a growing business however, a simple employment law matter can grow into a major headache. At Vision Law Corporation®, our attorneys provide legal advice to businesses to help prevent the emergence of employment law problems. We know that preventing problems from occurring is smart business.
We help our clients avoid problems in many ways: by formulating and implementing employment policies and procedures, consultation on termination/disciplinary action and leaves, proper classification of independent contractors, exempt and non-exempt employees, sexual harassment prevention training seminars, and all other employment law matters. Read More »