Employment Law for Employers

Small business employers struggle to keep up with the complexity and pace of change in employment laws, and often rely on intuition and common sense to muddle through situations that arise with their employees. Unfortunately, “winging it” can be quite costly. Chuck provides his clients with easy to understand, practical, prevention strategies to keep them out of court and focused on what they do best- running a business. The real challenge for employers is they don’t know what they don’t know and fail to seek the timely legal advice they need to prevent costly claims and lawsuits.

Rather than play Russian Roulette with the business, smart employers know that the costs to educate management, comply confused business ownerwith laws, and possibly defend against claims and lawsuits is simply a necessary cost of doing business. Thus, they spend the time and money required to create legally compliant employment policies, practices and programs, and minimize the risks of large lawsuit recoveries and defense costs with Employment Practices Liability Insurance (EPL). For many, it is as simple as paying money now or risk paying much, much more money later.

No Good Deed Goes Unnoticed: Are You Guilty of Any of These Good Acts?

Although this might appear to be a cynical interpretation of this famous cliché, it is a common experience of lawyers that employers who bend over backwards to accommodate certain employees are surprised when these same employees or their co-workers (who perceive favoritism) file claims against them.

Not knowing what is legally required, simple accommodations can sometimes turn into illegal actions. Common examples include: 1) allowing a single mother to skip lunch so she can leave early to attend her daughter’s dance recital, could result in a meal period violation; 2) permitting an insecure employee who says she needs extra time to complete her work and works off the clock to relieve the stress she feels, is a recordkeeping and minimum wage violation and possibly overtime violation; 3) granting extra time off to a stellar employee to attend her son’s bar mitzvah, while denying another employee’s request to attend her son’s baptism, could result in a religious and sex discrimination claim. Inconsistent application of employer policies and practices, whether written or oral, does get noticed by employees, even if well intentioned, and may lead to negative consequences.

Gain More Control

Rick ManagementChuck brings compassion, real world experience and practicality to his small business clients. He understands how frustrating and complicated employee situations can be and encourages employers not to wait until threatened by a lawsuit. The Law Office of Chuck Farrar provides the information and support employers need to audit their current employment practices and policies and take strategic action to come into compliance with applicable employment laws and create best practices that not only help the employees and business prosper, but also minimize expensive defense of lawsuits and claims.

Chuck collaborates with Janice Knight, a Senior Human Resources Professional (SPHR) with 25+ years of in-depth, “hands-on” experience, to offer his clients a variety of practical strategies and programs designed to help small employers understand compliance requirements and implement practices, policies and systems to sustain compliance and best HR practices. The Law Office of Chuck Farrar represents private employers and provides audits, policy development, legal counseling/advice, representation at governmental hearings and defense of claims in the following areas:

  1. Wage and Hour:
    1. Employee classifications: independent contractor/employee, exempt/non-exempt
    2. Overtime, Record keeping, Payroll Practices, Meal and Rest Periods
    3. Travel, Mileage and Reimbursement
    4. Bonuses, Compensation, Incentive Pay
  2. Discrimination and Harassment:
    1. Disability and Pregnancy Leaves of Absence, Accommodation and Interactive Process
    2. Investigations
    3. Protected Classes Discrimination/Harassment in California: Age, for people 40 and older, Genetic information, Marital status, Medical condition (including cancer/genetic characteristics) or AIDS/HIV status, Mental or Physical Disability, National origin and ancestry, including language use, Pregnancy and perceived pregnancy,Bullying Race and color, Religion, Sex, including: Pregnancy, childbirth, breastfeeding and related medical conditions, Gender Identity or Gender Expression, Sexual orientation, Military and Veteran status, Political Affiliation
    4. Treatment/Unequal Impact
    5. Retaliation
    6. Mandatory Training
  3. Leaves of Absence and Time Off:
    1. Legally Protected Leaves of Absence
    2. Administering Leaves of Absence
    3. Vacation, Sick and PTO
    4. Handbook Leave Policies
  4. Employer-Employee Agreements
    1. Employment Agreements
    2. Offers of Employment
    3. Confidentiality and Proprietary Information Agreements
    4. Restrictive Covenants
  5. Employee Disputes, Discipline and Termination:
    1. At Will Employment Practices and Documents
    2. Dispute Resolution Agreements- Mediation/Arbitration
    3. Whistleblower/RetaliationTermination of Employment Photo
    4. Final Pay
    5. Exit Interviews
    6. Reductions in Force/Layoffs
    7. Severance and Separation Agreements
  6. Privacy & Safety
    1. California and federal privacy protections
    2. Social Media
    3. Confidentiality of Employee Information
    4. Workplace Violence Prevention and Security, including concealed weapon
    5. Injury and Illness Prevention Programs
    6. Bullying
  7. Management and Supervisory Training
    1. Best Practices to Minimize Lawsuits and Claims
    2. Sexual Harassment Training
    3. HR Best Practices – Administration and Compliance Systems

Representation for Executive Employees

Chuck also helps executives and senior managers negotiate Employment and Separation Agreements and severance packages.