Los Angeles Employment Law
Los Angeles Employment Law. Henry practices exclusively in the area of labor and employment law on behalf of management. With more than 27 years of experience, alex craigie provides legal counsel.
There are many kinds of jobs. Some are full-time. Others are part-time, and a few are commission based. Each has its particular list of guidelines that apply. But, there are some things to keep in mind when you are hiring or firing employees.
Part-time employeesPart-time employees are employed by a corporation or organization , however they work less time per week than a full-time employee. However, they could receive some benefits from their employers. These benefits can vary from employer to employer.
The Affordable Care Act (ACA) defines part-time workers as employees who work less than hours per week. Employers can decide whether to provide paid vacation time for their employees working part-time. In general, employees have access to at least up to two weeks' pay time each year.
Many companies offer classes to help part-time employees improve their skills and progress in their careers. This is a great incentive for employees to remain at the firm.
There isn't any federal law to define what a "full time" employee is. While there is no law that defines what a full-time employee means, the Fair Labor Standards Act (FLSA) does not define the phrase, many employers offer different benefits to their full-time and part-time employees.
Full-time employees generally have higher pay than part-time employees. In addition, full-time employees are admissible to benefits offered by the company, including dental and health insurance, pensions, as well as paid vacation.
Full-time employeesFull-time employees are usually employed more than 4 days per week. They may enjoy better benefits. However, they will likely miss the time with their family. Their working hours can get intense. They might not be aware of the possibility of growth in the current position.
Part-time workers can enjoy a more flexible schedule. They're likely to be more productive and might have more energy. It may help them cope with seasonal demands. However, part-time workers often receive less benefits. This is the reason employers must define full-time and part-time employees in their employee handbook.
If you choose to employ the part-time worker, you need to decide on how many hours they'll work each week. Some employers offer a pay-for-time off program that is available to workers who work part-time. It is possible to offer any additional medical benefits as the option of paying sick leave.
The Affordable Care Act (ACA) defines full-time employees as those who work for 30 or more hours a week. Employers are required to offer health insurance to these employees.
Commission-based employeesThe employees who earn commissions are compensated based on amount of work they do. They usually perform marketing or sales roles at the retail sector or in insurance companies. However, they can also consult for companies. Whatever the case, Commission-based workers are bound by federal and state laws.
In general, employees who carry out contracted tasks are compensated an amount that is a minimum. Each hour they work in commissions, they receive a minimum pay of $7.25 and overtime pay is also expected. The employer must withhold federal income tax from the commissions paid out to employees.
employees who have a commission-only pay structure are still entitled to some benefits, such as unpaid sick day leave. They are also allowed to make vacations. If you're not certain about the legality of your commission-based pay, you may consider consulting an employment lawyer.
For those who are eligible for exemption to the FLSA's minimum-wage or overtime requirements are still able to earn commissions. They're generally considered "tipped" personnel. Typically, they are defined by the FLSA by earning at least $30,000 in tips per calendar month.
WhistleblowersWhistleblowers at work are employees who expose misconduct in the workplace. They may reveal unethical criminal conduct , or disclose other infractions of the law.
The laws protecting whistleblowers are different from state to the state. Some states only protect employers working in the public sector while others offer protection for employers in the private and public sectors.
While some statutes specifically protect employee whistleblowers, there are other statutes that aren't popular. But, the majority of state legislatures have passed whistleblower protection legislation.
Some of these states include Connecticut, Idaho, Nevada, Ohio, Oregon, Pennsylvania, Vermont, Washington, Wisconsin, and Virginia. In addition the federal government enforces a number of laws to safeguard whistleblowers.
One law, called the Whistleblower Protection Act (WPA) provides protection to employees against threats of retaliation for revealing misconduct in the workplace. Enforcement is provided by the U.S. Department of Labor.
Another federal statute, the Private Employment Discrimination Act (PIDA) is not able to stop employers from firing employees when they make a legally protected disclosure. However, it allows employers to incorporate creative gag clauses within their settlement deal.
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