The law offices of Shah Sheth handle a variety of issues relating to employment law including one of the most fundamental parts of the employer-employee relationship, getting paid. While seemingly simple to understand, wage and hour complaints and lawsuits are very common in the modern workplace as California laws regarding wages are very specific and employers often fail to understand their implementation.
Shah Sheth handles unpaid wage cases frequently and understands the significant burden placed upon employers to accurately and fairly compensate employees. While many of the laws are common sense, many are very specific as to dates and times which can create violations not based on malice, but simply ignorance on the part of the employer.
Shah Sheth provides counseling for employers in order to stay current with regulations and laws in order to avoid violations from the State of California and litigation from current and former employees. When you consider many of the violations from the State Labor Board are ongoing and applicable to all employees, it makes sense to have a full understanding from the beginning to avoid unnecessary issues in the future.
Employee Handbook Creation & Revision
As an employer it is critical to understand that properly completing the groundwork from the beginning leads to far fewer claims and litigation from employees in the future. A properly completed hiring packet with a clear and thorough employee handbook is essential to setting the expectations between the employer and employee. Without this physical contract between the two parties, disputes raised in the future will not likely be settled in the favor of the employer due to the negligence to set clear guidelines and expectations.
Shah Sheth has experience creating thorough employee handbooks and documentation – parsing through issues that are sure to come up over time but do not seem obvious in the beginning.
Employee Forms & Documentation
As with the benefits of having a thorough employee handbook, having proper and legal employee forms and documentation is another critical part of establishing a legitimate and legally sound business relationship between an employee and employer.
It is in best practice to have a series of documents in an employees files for record keeping including reports of wages, disciplinary action, employee performance, and a valid way for employees to file complaints against other employees and management.
Calculation of Work Hours & Overtime
Shah Sheth will provide guidance on when the work day begins and ends to avoid any issues of employees claiming they were forced to work “off the clock” or should have been paid overtime for working long hours. Due to the fact that most businesses have unique situations, we will tailor each situation specifically to fall within best practices.
Vacation Pay Policies
California is very specific with vacation pay and how it can be accrued, paid out, and when it can be forfeited. When employees are terminated they often look for vacation pay as a way to accuse the employer of a violation. Proper record keeping and accurate accruals and pay outs is a strong defense for such claims. Shah Sheth will provide guidance on best practices.
Meal & Break Periods
An especially common violation in the hospitality, food & beverage industries, meal and break periods in the state of California are very specific with regards to frequency and duration. If these breaks are not provided, each employee has a legitimate claim for one additional hour of pay each time the violation occurs. It is in the employers best interest to create a strict regime with regards to these meal and break periods as they can accumulate rapidly over time into serious amounts of unpaid wage claims. This is a very common claim made by employees upon termination and has created a number of serious class action lawsuits for major corporations in recent years.
Shah Sheth will formulate a comprehensive regime including documentation for employees to sign with regards to how meal and break periods will be handled.
Shah Sheth’s Role
Shah Sheth takes issues relating to wage and hour, as well as unpaid wages, very seriously as employers have clear laws and regulations through the State of California by which to compensate and equitability handle wages for its employees. Put simply, an employer acting negligently with regards to compensating employees is a serious detriment to the workplace environment and is in jeopardy of serious civil damages. Shah Sheth seeks to assist employers struggling with creating a clear and comprehensive regime in order to strengthen the employer-employee relationship and create a more productive workplace.
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