Every business should have an employee handbook that is provided to each of your employees when they are hired, which should be routinely updated as laws change. Our capable team is well-versed in drafting employee handbooks for new and existing businesses, as well as reviewing and updating existing employee handbooks as needed. While many payroll companies offer an employee handbook as part of their services, the nuances that come with local employment laws require local expertise. For example, in the state of California, cities and counties may have laws that augment or supersede state or federal laws for important issues like minimum wage, sick leave, and access to payroll records. California’s hourly minimum wage as of January 1, 2022, is $14.00/hour for employers with 25 employees or less and $15.00 for employers with 26 employees or more. But in the City of San Diego, the hourly minimum wage is $15.00 for all employees regardless of employer size. An employer may have multiple locations throughout the state and be unaware that their employment practices cannot be one-size-fits-all without opening themselves up to significant liability. The purpose of an employee handbook is to protect your business against lawsuits brought by your employees for wrongful termination, harassment/discrimination, as well as wage and hour claims. It also helps your employees know what their rights are, and clearly communicates what the company’s policies are. It will explain the benefits that you offer to your employees and what they are entitled to. Most importantly, it ensures compliance with federal and state laws, as it is a resource for employers and management to rely on, to review before making key personnel decisions. A strong employee handbook should include:

• The company’s history, vision, mission statement and core values,
• Code of conduct
• Working Hours, dress code, facility information
• Privacy and Security Policy
• Benefits for full-time and part-time staff
• Paid Time Off policies, including sick leave and vacation time (if offered)
• Termination and resignation procedures
• Anti-harassment and anti-discrimination policies and procedures.

And most crucially, an employee handbook should include a page that acknowledges receipt by the employee, that is signed and dated. This will confirm that the employee received the employee handbook in the event that there is a claim they never received it.

Every business should have a standard employment agreement that provides the guidelines for the relationship between employee and employer. Whether the employment is full-time or part-time, an agreed upon hourly rate or salary, must be in writing. It should also clearly state whether the employee is exempt or non-exempt. In the event of a dispute, it should be clearly stated whether or not the dispute will be submitted to arbitration or if the employee has the right to file suit in court. We can draft or review employment agreements for your business.

If an employee receives a portion of their pay in the form of commissions, it is a requirement under California Labor Code §2751 that the compensation based on a commission structure must be set forth in a written agreement. In addition, the employer must give a signed copy of the agreement to the employee and shall obtain a signed receipt for the contract from each employee. In the event that there is a contract that expires and where the parties continue to work under the terms of the expired contract, the contract terms are presumed to remain in full force and effect until the contract is superseded or employment is terminated by either party. If a business has an oral agreement with its employees, it is violating California Labor Code § 2751. If a business has an employee who is working on commission, and does not have a written and signed commission agreement, it is putting itself at tremendous risk. We can review existing commission agreements or draft new agreements for your business.

It is always prudent to educate your employees and management and provide them with sexual harassment training, with an emphasis placed on the procedures that follow the filing of an internal sexual harassment complaint, how one is filed, who the complaint is filed with, who reviews the complaint, and what happens after the review takes place. A standard procedure provides guidance for how to best address a sexual harassment complaint from its onset. We can provide sexual harassment training to your business and its staff.

When an employee makes a complaint, whether informally or formally, receiving direction from our firm from the onset of the investigation makes sure that the process adheres to the company policies and best positions the Company to minimize its liability.

When an employee must be terminated, whether for cause or not, the state of California remains an at-will employment state. As we like to tell our clients, this means a business can terminate employment for good cause, and for no cause, but it can’t terminate for bad cause. For example: a business cannot terminate an employee based on a protected class, such as an employee’s race, gender, or sexual orientation. We provide that analysis and explain what the proper procedures are to terminate employment. This includes situations when an employee has made a complaint, or might be eligible for disability.

In the event that preventative measures and informal resolution of workplace issues have failed, and a dispute rises to the level of an active lawsuit, our clients trust us to represent them in court. We provide competent and comprehensive representation to defend your business through the litigation process, up to and including trial, to assist you in achieving a successful resolution.