Small businesses need legal help hiring, firing, and managing employment issues. The Wright Firm, a team of experienced employment law attorneys, provides a wide range of services to small businesses to support their growing workforce.

There are many types of contractual issues which can be complex.  Understanding the language in an agreement is important for any small business owner.  Shahara works with clients to bring clarity and understanding, so that you know exactly what you are signing before you sign it. 

  • Drafting employee handbooks and policies
  • Compliance with the Family and Medical Leave Act (FMLA)
  • Representing employers in wage-and-hour claims, such as overtime and commission disputes
  • Dealing with unemployment compensation claim disputes
  • Employer/Labor contract negotiations
  • Advising employers about retaining information in personnel files
  • Advising employers about terminations
  • Negotiating severance packages
  • Drafting non-compete agreements

Employment Law FAQs

Yes, employment law is very important. It protects the rights of both employees and employers and helps to ensure that workplaces are fair and equitable. 

Employment law covers a wide range of topics, including:

  • Discrimination: Employment law prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, genetic information, and other protected categories.
  • Wages and hours: Employment law sets minimum wage standards and limits on the number of hours that employees can work.
  • Leave: Employment law requires employers to provide certain types of leave, such as maternity leave, family leave, and sick leave.
  • Harassment: Employment law prohibits harassment of employees, including sexual harassment.
  • Termination: Employment law sets rules for how employers can terminate employees.
  • Employment law is important for both employees and employers.

In general, employment law does not apply to volunteers. This is because volunteers are not considered employees under the law. However, there are some exceptions to this rule. For example, some volunteers may be considered employees if they are paid for their services, or if they have a close working relationship with the organization they are volunteering for.

Here are some of the factors that can determine whether a volunteer is considered an employee under the law:

  • Whether the volunteer is paid: If a volunteer is paid, they are more likely to be considered an employee. However, even if a volunteer is not paid, they may still be considered an employee if they receive other benefits, such as housing or food.
  • The degree of control that the organization has over the volunteer: If the organization has a lot of control over the volunteer’s work, they are more likely to be considered an employee. This includes factors such as setting the volunteer’s hours, telling them what to do, and providing them with training.
  • The nature of the work that the volunteer does: If the volunteer does work that is similar to what an employee would do, they are more likely to be considered an employee. This includes factors such as the level of skill required for the work, the amount of time the volunteer spends working, and the importance of the work to the organization.

If you are a volunteer, it is important to understand your rights under the law. Book a meeting with me if you have any questions about your legal status.

There are many reasons why you should comply with employment law. Here are some of the most important ones:

  • To protect your employees’ rights: Employment law exists to protect the rights of employees. By complying with the law, you can help to ensure that your employees are treated fairly and that their rights are not violated.
  • To avoid legal liability: If you violate employment law, you could be held liable for damages. This could include back pay, front pay, emotional distress damages, punitive damages, and legal fees.
  • To maintain a positive workplace environment: A positive workplace environment is one where employees feel valued and respected. By complying with employment law, you can help to create a positive workplace environment where employees are more likely to be happy and productive.
  • To protect your business’s reputation: If you violate employment law, your business could suffer damage to its reputation. This could make it more difficult to attract and retain top talent, and it could also damage your business’s relationships with its customers and suppliers.

Employment law is civil in nature. This means that employment law violations are typically addressed through civil lawsuits, rather than criminal prosecution. In a civil lawsuit, the employee who was wronged can sue the employer for damages. The damages could include back pay, front pay, emotional distress damages, punitive damages, and legal fees.

There are some exceptions to this rule. For example, if an employer commits an act of discrimination that is also a crime, the employee may be able to file a criminal complaint against the employer. However, this is rare.

The main difference between civil and criminal law is that civil law is about resolving private disputes, while criminal law is about punishing people who have committed crimes. In a civil lawsuit, the goal is to compensate the victim for their losses. In a criminal prosecution, the goal is to punish the offender and deter others from committing similar crimes.

Hiring:

  • When hiring an employee, it is important to be clear about the job requirements and the expectations of the position. The employer should also make sure that the employee is qualified for the job and that they have the necessary skills and experience.
  • In some jurisdictions, employers are required to provide certain information to employees before they are hired. This information may include the salary range, the benefits, and the terms of employment.

Firing:

  • When firing an employee, the employer must have a valid reason for doing so. The reason for the termination must be job-related and not discriminatory.
  • In some jurisdictions, employers are required to provide employees with notice of termination. The amount of notice required may vary depending on the length of the employee’s service.
  • In some cases, employees may be eligible for severance pay if they are terminated. Severance pay is a payment that is made to an employee who is terminated from their job. The amount of severance pay that an employee is entitled to may vary depending on the jurisdiction and the employee’s length of service.

It is important to consult with me to understand the specific rules around hiring and firing employees in your jurisdiction.

Yes, you do need to pay overtime if your employees work more than 40 hours per week unless they are exempt from overtime under the Fair Labor Standards Act (FLSA). The FLSA is a federal law that sets minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments.

The overtime rate is 1.5 times the employee’s regular hourly rate. For example, if an employee’s regular hourly rate is $10, their overtime rate would be $15.

There are some exceptions to the FLSA’s overtime requirements. For example, employers are not required to pay overtime to employees who are salaried, who are exempt from overtime under the FLSA, or who work in certain industries, such as agriculture.

Here are some examples of employees who are exempt from overtime under the FLSA:

  • Executive employees: These employees are typically high-level managers who have the authority to hire and fire employees and who make policy decisions.
  • Administrative employees: These employees typically have a high level of education and are responsible for managing the day-to-day operations of a business.
  • Professional employees: These employees typically have a high level of education and are responsible for providing services that require specialized knowledge.
  • Outside sales employees: These employees typically work outside the office and are responsible for selling products or services to customers.

If you are unsure whether an employee is exempt from overtime, it is best to book an appointment with me.

It is important to note that the FLSA is a federal law, but some states have their own overtime laws that are more generous than the FLSA. For example, California requires employers to pay overtime to employees who work more than 8 hours in a day or 40 hours in a week, regardless of whether they are exempt under the FLSA.

To learn more about employment matters that affect small businesses read these helpful articles: