Fremont business law attorneysHiring employees is a complex process, and it can be full of missteps and legal obstacles. Knowing how to avoid them and mitigate against them can be crucial to the future of your company. Learn more about the most common mistakes that California business owners make, and what you can do to avoid business litigation, with help from the following information.

Placing Job Ads with Discriminatory Language

Federal and state laws prohibit discriminatory language in the job postings of California employers. That includes posting a job ad that discriminates against someone because of their gender, religion, medical condition, disability, mental illness, sexual orientation, age, national origin, marital status, ancestry, or perceived sexual orientation. Examples of such language would include “youthful female,” “strong male,” “female,” or “faith-based employee.”

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Fremont business law attorneyOvertime pay, or pay that extends above and beyond an employee’s regular pay, is typically required when an employee meets certain criteria. Employers who fail to comply with the law can face legal consequences, including the requirement to pay damages for an employee’s lost wages. In the end, this could cost far more than it would have to pay the overtime in the first place. Avoid this common cause for litigation with help from the following information.

California’s Overtime Pay Law

As an employer, you have the right to require overtime work from your employees. However, you must be willing to pay them the appropriate amount. In California, this means paying employees one and one-half times their regular wage for any workday that exceeds eight hours and amounts up to 12 hours. This same amount is also paid for the first eight hours of an employee’s seventh consecutive day worked.

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Fremont business litigation lawyersMany retail businesses run sales, and for good reason. They entice new customers to come in and check the store out and encourage loyal patrons to come in and buy more. Yet there are some rules about retail sales in California. Four major retailers are being accused of breaking these rules and, depending on the outcome of their case, they could serve as an example to other companies that fail to comply with state law.

Four Retailers Facing Possible Litigation

According to CNN Money, there are four retailers facing possible litigation with the city of Los Angeles. They are being accused of misleading their customers on the difference between sale price and market price of their products. In other words, customers are allegedly getting less of a bargain than they had thought.

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Fremont business law attorneyFew small business owners are raking in the cash. In fact, many have only a month or so of reserve in place, should an emergency closure happen. It is this lack of financial security that can place small businesses at serious financial risk during a lawsuit. California state recognizes that risk and has taken proactive steps to protect small business owners from lawsuits under the Americans with Disabilities Act (ADA). Learn more about this protection, and why it is important, with help from the following.

Understanding the Americans with Disabilities Act

The ADA was put in place to protect those with disabilities. It explicitly prohibits the discrimination against any individual with disabilities in the workplace, public accommodation, government activities, transportation, and communication. All this essentially means that employers, businesses, transportation providers, and even government agencies must accommodate disabled persons according to the law.

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California business law attorneyAlthough federal law does not require that employers give their employees rest breaks, state law does. As such, employers within the state of California must comply. More than that, employers must understand that there are no exceptions. A recent California Supreme Court ruling confirms this. The following information explains the California’s rest break law, ensuring you have the information you need to protect your business and avoid litigation.

Minimum Work Hours for Rest Breaks

As outlined by the Industrial Welfare Commission Wage Order, employers must offer all employees a rest period that is within the middle of any work period that amounts to three and one-half hours or more. So, for example, any employee that works a four hours shift should take their rest break two hours into their shift - or at least as close to that time as practical. For example, an employer may stagger the rest periods of employees who started work at the same time to avoid a workflow interruption. Any employee that works less than three and one-half hours is not entitled to a rest break under the California state law’s guidelines.

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Willett Law Firm

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