Managing the Workplace
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
At-Will Employment – The Cornerstone of Employer Rights
Wrongful termination, breach of contract, discrimination and harassment: that’s all we business owners and management hear and read about in the media. We don’t hear that the employment relationship under California law is presumed to be “at-will.” At-will means either the employer or the employee may terminate the employment relationship at any time, for any [...] read more
Management Discriminates Daily, But Is It Unlawful Discrimination?
Jack Welch, in his book, Winning (chapter 3 “Differentiation” page 37), underscores one of his core values by stating: “Companies win when their managers make a clear and meaningful distinction between top- and bottom-performing businesses and people, when they cultivate the strong and cull the weak. Companies suffer when every business and person is treated [...] read more
Right to Privacy
When we talk about the “right to privacy” in the employment context, it is important to note generally we are not talking about the “employer’s” or the “business’” right to privacy. You guessed it, we are talking about the “employee’s” right to privacy and in some contexts, the business’ clients’ rights to privacy. In California, [...] read more
Employee Handbook Law
An employee handbook is a compilation of labor laws in the state that are applicable to the employees. At Vision Law, our attorneys have considerable experience in the creation of such handbooks. A free custom Employee Handbook is included when your company signs up for Vision’s Predictable Fees Program (12 month subscription). We have the experience [...] 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 »