Is Your Small Business at Risk for Litigation?

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Fremont CA business law attorneysSmall business owners often struggle to keep good, quality employees because they are sometimes unable to offer the same sorts of incentive as bigger corporations. This may lead them to try and accommodate by being more flexible. Unfortunately, that flexibility can, in some cases, leave them open to litigation. Find out if your small business is at risk by examining these commonly broken employment laws.

Flexible Lunch Breaks and Hours

Although employers are not obligated to give their employees a lunch break under federal law, California state labor laws require that employers give non-exempt employees a minimum of one 30-minute lunch break. This must be given no later than at the end of their fifth hour worked. Failure to do so – either to give them the flexibility to leave earlier in the day, or simply to accommodate for a rush – can lead to litigation.

Failing to Provide Sexual Harassment and Discrimination Training

California state labor laws also mandate that all supervisors and managers receive training on preventing sexual harassment and discrimination in the workplace. Of course, the law is not the only reason you will want to provide this essential training; it can also decrease the chances that you will face litigation over acts of sexual harassment and discrimination within your establishment.

Terminating an Employee Because They Took a Leave of Absence

Employees who take military leave, family leave, jury duty, or medical leave are protected under law. Violate it and you could be facing a lawsuit. There are stipulations, however. For example, those that are protected under the Family Medical Leave Act (FMLA) must have been your employee for at least 12 months (does not need to be consecutive) prior to their leave, and they must have worked at least 1,250 hours. So, if you terminated an employee for reasons outside of their leave (failure to show up for work, consistently late, etc.), and they are suing you under the FMLA but do not qualify, you may be able to fight it with the assistance of a skilled employment law attorney.

Facing Employment Law Litigation? Our Fremont Attorneys Can Help

When you are facing an employment law issue, or litigation from an employee, it can drastically disrupt your life, and your business. Our Fremont, California business law attorneys help to lighten the load and will always work toward the most favorable outcome possible. Skilled and experienced, we make your business our top priority. To learn more, call us at 510-791-2244 and schedule your free consultation today.

Sources:

https://www.dol.gov/compliance/guide/fmla.htm#who 

http://www.calchamber.com/hr-california/white-papers/Documents/top-10-lawsuit-risks.pdf

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Willett Law Firm

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Fremont, CA 94538

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