San Diego Attorneys for Employers in Labor and Employment Law
As an employer working in California, the risks are numerous, and the best medicine is prevention. We conducted a seminar for the California Hotel & Lodging Association in January of 2022 and prepared a handout that we are happy to share with you. We recommend that you and your managers read it and know it; it will easily save you $100,000. You can obtain your free copy here: Labor Law Changes- 2022-FINAL-PPT
On the other hand, if you are facing a lawsuit – whether it involves an issue concerning wage and hour law, the Private Attorneys General Act (PAGA), misclassification or sexual harassment – contact us at San Diego Biz Law APC. One of our aggressive and relentless high-level employment lawyers can talk to you and explain what strategies we would use to help guide your case in the right direction. Then, you decide. The consultation is free.
California is a difficult state to work in, and the laws are constantly changing, adding to the employers’ responsibilities. Be aware of them, follow them and, hopefully, you’ll never need to call a labor lawyer.
When you receive an Employment Development Department (EDD) audit or a labor board challenge, the wisest thing to do first is to contact an employment lawyer who can help you analyze the situation from a strategic point of view. You, like many thousands of employers in California, may have made a few mistakes. Some are correctable; some are not. However, all of them can be dealt with, and our job is to deal with them in a way that minimizes your expenses. Additionally, there is so much to know with respect to California employment law, and what you will learn in the journey will possibly save you tens of thousands of dollars in the future. We believe that California has the most complex and sophisticated employment and labor laws on the planet today. We, as employment lawyers, are learning more and more every single day. You, as an employer, cannot possibly keep up, and we are here to help. Call us at 877-223-4684 now. We often work late, so try us whenever you like. You may just find us in the offices.
We are conveniently located at 4225 Executive Square, Suite 600 in La Jolla, California. We are in the tall silver tower just behind the La Jolla Marriott on La Jolla Village Drive. The neighborhood is more the Westfield UTC than La Jolla, but it is named La Jolla. The cross streets are La Jolla Village Drive and Genesee.
Don’t go it alone, you have a highly strategic team to work with you that’s just a phone call away and very reasonably priced. We handle cases all over California.
Tips We’ve Learned In Our Firm’s Past 30-Plus Years
Here are some of our tips of the trade:
- Please keep your books in order. Use software when possible. Hire a third-party firm to deal with payroll and other financial issues. You may think you are saving money by doing this yourself, but you are not. Stick to your core competence (i.e., what it is that you do best). You should be worth $500 per hour to your company. If you are conducting a task that someone else can do for $25 or $35 per hour, you are not saving money. Rather, you are burning time that you could be using to market or advertise your firm and make more money.
- Please be careful with whom you consider to be a 1099 contractor. We are entrepreneurs just like you. We have to be careful as well. In fact, we are held to a higher standard. Even if we hire a person working one day a week, even if they work from home, we play it safe and make them an employee. If you require a payroll service, consider contacting Lexi Lardner at Coastal Payroll at [email protected]. If you require a certified public accountant (CPA), you can call Joe Ventura at Ventura, Kuehn & Associates at 619-793-4827. If you require a tax adviser, you can contact Neil Leiman at Leiman & Associates at 619-584-1040.
- Pay overtime. Be careful with this one, as it can get you in a lot of trouble with the penalties. Regrettably, many employers provide their staff with fancy titles and then use that title as a way of avoiding the payment of overtime. It is not a good idea. Simply pay your team overtime.
- Have your team clock in and out of the office for breaks and make certain they can enjoy uninterrupted time wherever they like. It would be handy if you had a break room. However, they cannot be multitasking while on lunch.
- Make certain your team knows about breaks, and again, it has to be uninterrupted time. If your operation is very busy and does not allow for breaks, simply hire someone to cover.
- Just so you know, most cases start like this: An employee is listed as a 1099 contractor. He or she signs a contract stating that he or she is a 1099 (i.e., independent contractor). The person loses the job. He or she files for unemployment and is told that it can only be received if the person is an employee. The person is then asked some questions and forwarded to the labor board. He or she has a hearing, and it is determined that the person was an employee. This can trigger an EDD audit or worse. Be careful; be safe.