The Blog

Employee Leaves

Leave of Absence and Time Off

In our attorneys’ experience, leave of absence and time off is an often misunderstood area of employment and labor law for employers. Combined with other potential issues, such as the need for time off as a reasonable accommodation for a disability or the return to work on modified duty following a workers’ compensation leave, the …

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Employee Handbook Law

In law school budding lawyers learn a buzz phrase – “oh, that’s hornbook law” (aka “black letter law”). A “hornbook” is like “Cliff’s Notes” for law students and states the most rudimentary and basic recitation of the law so even a novice law student can figure it out. “Handbook” law is not “hornbook law” by any stretch of the imagination.
Handbook …

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How to Avoid Wrongful Termination Claims

In matters of employment law, employers can make serious mistakes during the hiring process, during the employment, and when an employee is terminated. Many of these problems can be avoided through the development and implementation of sound employment policies and procedures, ongoing legal consultation, and common sense practice. At Vision Law® Corporation, we advise clients in ways to:

Terminate an employee …

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Preventing Employee Lawsuits

Avoid them in the first place

We know that dealing with employee issues is your least favorite activity in managing your business. We also know it’s one of your greatest concerns and sometimes keeps you up at night.
A simple employment law matter can grow into a major headache. Our attorneys provide legal advice to prevent employee legal problems. The name of …

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Department of Labor Increases Budget For Shake Down

Your tax dollars at work – the federal Department of Labor (DOL) has increased its budget request 16% in 2010 and 25% in 2011 over the 2009 budget (all you smaller business owners out there can groan out loud!).
Part of the reason for the requested increase in budget? So they can bust your company for misclassifying, according to them, “employees” …

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Beware of Independent Contractor Status

So you would rather use independent contractors? Yes, we understand it’s much less headache: no workers’ compensation, no withholding, no payroll, no employment law liability, right? Wrong if you are negotiating with the EDD, DOL, Labor Commissioner or other friendly neighborhood bureaucrats.

The Crackdown

The EDD and the federal Department of Labor in particular, seem to be on a mission to convert …

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Independent Contractors

We are in the information age where the “knowledge worker” is king. More and more workers wish to operate as “free agents”—independent contractors. The problem is the federal and state government haven’t quite figured that out yet. The hot topic for them is “reclassifying” free agent independent contractors to employees whenever possible, with devastating results from the business’ perspective. After …

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Management Discriminates Daily, But Is It Unlawful Discrimination?

Jack Welch, in his book, Winning (chapter 3 “Differentiation” page 37), underscores one of his core values by stating:
“Companies win when their managers make a clear and meaningful distinction between top- and bottom-performing businesses and people, when they cultivate the strong and cull the weak. Companies suffer when every business and person is treated equally and bets are sprinkled all …

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Breach of Contract

California courts have stated the employment relationship in California is “primarily contractual.” This a misnomer because the employer and employee relationship is a special legal relationship that is framed by a mixture of statutory, contract, tort and criminal law. Even the foregoing phrase “primarily contractual” hedges its bets. What does it mean to be “primarily” contractual?
Contracts can be oral or …

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Employment Contracts

Employment contracts are an exception to the assumption that all employment is “at-will” employment. “At-will employment means the employer or employee may terminate the employment relationship at any time with or without notice and with or without “cause.” Generally speaking the employment relationship under California law is not “contractual” (although the California Supreme Court has said it is “primarily contractual”) it …

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