To ensure adherence with anti-discrimination laws, an employer should consult a knowledgeable employment attorney about which classes of people are protected in its particular jurisdiction. In addition to federal law prohibiting discrimination based on race, color, national origin, age, disability, religion, sex and other categories, state and local laws may grant protections to additional classes of people.
Sorting Out Employment Law, Protecting Employers
Hiring employees means taking on some substantial legal responsibilities. An experienced employment lawyer can help you sort out those responsibilities, pursue your employment goals in accordance with the law, and protect yourself against liability.
At the Watkins Firm, our attorneys advise and represent clients in all aspects of employer defense. Below is some general information about employment laws in the United States. To learn more about how California law applies to your specific circumstances, contact us to arrange a free, no obligation consultation at our offices in San Diego.
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Employers' Frequently Asked Questions
Q: How much do I have to pay my employees?
A: This depends on the employee. Generally, if the employee is not an executive, professional or supervisor, you must pay at least minimum wage. The federally mandated minimum wage was $5.15 per hour for ten years until Congress raised it on July 24, 2007, to $5.85. Two more 70-cent increases were scheduled to take effect on the same date each in 2008 and 2009. Thus, as of July 24, 2009, the federally mandated minimum wage is $7.25 per hour. State law may require a higher minimum wage than the federal level, in which case the higher state wage applies. Some industries and special categories of employees may fall under minimum-wage exemptions.
Q: Can I fire an employee for any reason?
A: Most states recognize at-will employment, meaning that, in most circumstances, an employee without an employment contract to designate the term of employment can be fired at any time for any legal reason or for no reason. However, some jobs are covered by employment contracts requiring that employers have legitimate reasons for employee terminations.
Employment Law from an Employer Perspective
An employer must be cognizant of state and federal laws that govern employee hiring, compensation, treatment and termination. If you are an employer facing legal issues in any aspect of employment, consult an employment law attorney at Watkins Firm in San Diego, California, for guidance.
Hiring
Employers must comply with a myriad of federal and state hiring laws. If you are an employer, the counsel of a knowledgeable employment law attorney at our firm can help you proceed safely through the hiring process.
Compensation
If your business has employees, it is in your best interest to retain an experienced and skilled employment law attorney. Federal and state employment laws concerning wages and overtime are complex and impose significant responsibility on employers.
Family and Medical Leave
Federal and some state laws provide certain employees with rights to take leaves from work during specific life events. Employers must understand the details of these legal leave requirements to ensure proper application to eligible employees.
Termination
An employer must proceed cautiously when terminating an employee from his or her job. An employment law attorney from our firm can advise you about the impact of federal and state laws, as well as employment contracts and collective-bargaining agreements, on employee discharge.
Resource Links for Employers
United States Department of Labor
The website of the U.S. Department of Labor (DOL) provides a wealth of information about government regulation of employment matters, such as wages, benefits, job conditions and hiring.
United States Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) is the federal government agency charged with enforcing laws against illegal discrimination in employment.
USERRA Advisor
DOL's information pages for employers and employees about legal requirements in the nonmilitary employment of military personnel.
ForEmployers.com
Information for employers about hiring persons with disabilities.
Immigration and Nationality Act Compliance Assistance
DOL employer advice about hiring foreign workers.
