Employment Law Attorney

Chico Employment Law Attorney Nicole B. Reimer
Employment Law Attorney Nicole Reimer

Call Today 530-898-1111

Employment Law Services

Employment law encompasses a wide range of services, from drafting employment agreements and employee handbooks to pursuing or defending an employment dispute. Employment Law Attorney Nicole B. Reimer has the tools necessary to assist you with your employment law needs, and she will take the time to really listen to your story and ensure you get the help you need and deserve. Call (530) 898-1111 for a free consultation today. Nicole can assist you with the following employment law matters and more:

Employment Agreements and Employee Handbooks

Although California law does not require an employer to use employment agreements or employee handbooks, both are extremely beneficial for an employer to avoid liability. Each of these documents have the power to expressly restrict or grant an employee certain rights or obligations. In California, an employer is liable for an employee’s actions that are performed within the scope of his or her employment.

By restricting an employee’s duties in an employment agreement or handbook, an employer will be better protected from liability for unauthorized acts performed by his or her employees. However, if not done correctly, an employee handbook or employment agreement will have the effect of rebutting the at-will presumption for the term of an employment relationship, so it is important that these documents are drafted correctly.

Wage and Hour Compliance

In addition to disputes concerning minimum wage violations, there are several other regulations that can be violated with regard to wage and hour compliance. One regulation that is often violated concerns misclassifying employees. California recognizes both exempt and non-exempt employee statuses. Among other things, non-exempt employee is required to receive overtime pay and is not allowed to be paid salary. Only exempt employees are allowed to be paid salaries in California and their salary must be at least the twice minimum wage requirement. Employers can also misclassify employees as independent contractors instead of as an employee, creating liability for taxes and a claim for damages by the misclassified worker.

Other common wage and hour violations surround meal and rest periods. Meal and rest periods must be offered within a certain time of starting a shift, otherwise an employer must pay the employee premium pay. Employee wage statements are also highly regulated and can lead to penalties if it does not contain the nine pieces of information required by law.

Discrimination, Harassment, and Retaliation Claims

Title VII of the Civil Rights Act of 1964 protects employees on a federal level from discrimination and harassment based on race, color, sex, pregnancy, religion, and national origin. The Age Discrimination In Employment Act of 1967 also extended protections to employees based on age if the employee is over 40 years old. The Americans With Disabilities Act of 1999 requires reasonable accommodations for disabled employees, and the Uniformed Services Employment And Reemployment Act protects members of our armed services’ right to work.

California anti-discrimination and harassment statutes extend the protections provided on a federal level with the Fair Employment And Housing Act (FEHA), Alcohol And Drug Rehabilitation Act, and Labor Code §132a, as well as several other statutes that offer protections for domestic violence victims, family illness, school visits, military service, and for making wage or other complaints.

FEHA provides protection based on an individual’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy), gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

The Alcohol And Drug Rehabilitation Act requires an employer to provide reasonable accommodations to an employee who wishes to voluntarily enter a drug or alcohol rehabilitation program. Labor Code §132a provides protection to injured workers. Whistleblowing protections are provided for in Labor Code §1102.5, and they protect an employee’s right to disclose information to the government or law enforcement for statutory violations and the right not to participate in an activity that violates a statute, rule, or regulation.

There are some defenses that an employer may raise for a statutory claim of discrimination, including the bona fide occupational qualification defense, business necessity/job relatedness defense, the undue hardship defense, or the after-acquired evidence defense. Defenses an employer may raise for a sexual harassment claim include the Ellerth/Farragher defense, the Avoidable Consequences Doctrine, that the conduct was not unwelcomed, that the conduct didn’t meet the severe and pervasive standard, or that the conduct did not occur.

Employment Law Attorney Nicole Reimer

Employment law can be a complex area of the law with several distinctions that can be difficult for an individual to navigate. Nicole is knowledgeable and will take the time to ensure your needs are handled efficiently and correctly. Call (530) 898-1111 for a free consultation today.

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