Having an HR attorney on hand can be a huge asset to any small business. An HR attorney is a professional who specializes in employment law and can help a business stay in compliance with the many laws and regulations that govern the workplace. With their in-depth knowledge of employment laws, an HR attorney can provide invaluable advice and guidance on how best to manage employees, ensuring a safe and productive work environment for everyone. In this blog post, we will discuss the numerous benefits of hiring an HR attorney for your small business. Attorneys at SBEMP(Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.
Avoid Costly Penalties
As a small business owner, it’s important to be aware of the legal requirements and regulations surrounding employment laws. Failure to comply with these laws can result in costly penalties that could have been easily avoided with the help of an HR attorney.
One area where an HR attorney can be particularly valuable is in dealing with workers compensation claims. When an employee is injured on the job, it can be a complicated and costly process for both the employer and the employee. An HR attorney can help navigate this process and ensure that both parties are protected and properly compensated.
Another area where an HR attorney can help small businesses is in understanding their employer rights. There are numerous federal and state laws that regulate the relationship between employers and employees, and it can be challenging for small businesses to keep up with these constantly evolving laws. An HR attorney can help you understand your rights as an employer and provide guidance on how to avoid costly legal disputes.
In short, hiring an HR attorney for your small business can help you avoid costly penalties, understand employment laws, protect your company, and get expert advice on a variety of issues. While it may seem like an unnecessary expense, the peace of mind and legal protection provided by an HR attorney can ultimately save you time, money, and stress in the long run.
Understand Employment Laws
As a small business owner, you are responsible for complying with a variety of employment laws. It can be difficult to keep up with the latest regulations and ensure that your business is fully compliant. This is where an HR attorney can be incredibly valuable.
One of the most important areas of employment law for small businesses is workers compensation. As an employer, you are required to carry workers compensation insurance to protect your employees in case of injury on the job. An HR attorney can help you navigate the complex regulations surrounding workers compensation, ensuring that you are fully compliant and protected.
In addition to workers compensation, there are many other areas of employment law that small businesses need to be aware of. These include discrimination laws, wage and hour laws, and laws surrounding employee benefits. An HR attorney can help you understand these laws and ensure that your company is following them properly.
By understanding employment laws, you can protect your company from costly penalties and lawsuits. An HR attorney can help you navigate the legal landscape and ensure that your business is fully compliant with all applicable regulations.
In addition to compliance, an HR attorney can also help you understand your employer rights. As a small business owner, you have certain legal rights that protect you from unfair treatment by employees or government agencies. An HR attorney can help you understand these rights and ensure that they are fully protected.
Overall, hiring an HR attorney for your small business can provide you with invaluable legal guidance and expertise. By understanding employment laws and protecting your company, you can avoid costly penalties and ensure that your business runs smoothly.
Protect Your Company
As a small business owner, you have invested a lot of time, effort, and money into your company. You want to make sure that it is protected from any potential legal issues that may arise. Hiring an HR attorney can help you do just that.
One of the main ways an HR attorney can help you protect your company is by advising you on your employer rights. These rights refer to the legal obligations and protections that employers have in relation to their employees. They include things like the right to hire and fire employees, the right to establish policies and procedures, and the right to protect your intellectual property.
By understanding your employer rights, you can ensure that you are operating within the bounds of the law and avoiding any potential legal issues. An HR attorney can help you navigate the complexities of employment law and ensure that you are in compliance with all regulations and requirements. They can also help you develop employment policies and procedures that protect your company and its employees.
Additionally, an HR attorney can assist you in handling any employee disputes or claims that may arise. They can advise you on how to respond to employee complaints or legal actions and help you resolve these issues in a way that protects your company’s interests. This can help you avoid costly legal battles and maintain a positive reputation in the community.
In summary, hiring an HR attorney can help you protect your small business in many ways. By understanding your employer rights, you can avoid legal issues and protect your company from potential liability. An HR attorney can also help you navigate any employee disputes or claims that may arise and resolve these issues in a way that benefits your company. If you are a small business owner, investing in an HR attorney can be a smart and valuable decision.
Get Expert Advice
When it comes to making important HR decisions for your small business, having an expert on your side can make all the difference. An HR attorney has years of experience and expertise in handling various employment law matters, and they can provide valuable insights and guidance to help you make the right decisions for your company.
An HR attorney can help you with a variety of HR issues, such as hiring and firing decisions, employment contracts, employee benefits, compliance with state and federal employment laws, and much more. They can also provide you with up-to-date information on changes in employment law that could affect your business, and help you develop strategies to mitigate risk and ensure compliance.
In addition to providing legal advice, an HR attorney can also act as a mediator in disputes between employees or between an employee and the company. They can help you avoid costly litigation by finding mutually beneficial solutions that work for all parties involved.
One of the biggest benefits of having an HR attorney on your team is that they can provide you with personalized advice tailored to your specific business needs. They can review your current HR policies and procedures, and recommend changes or updates that could help you streamline operations, reduce risk, and protect your business.
Ultimately, having an HR attorney on retainer can be a smart investment for your small business. It can provide you with the peace of mind and confidence you need to make important HR decisions, while also protecting your company from costly penalties and legal disputes.
Have any legal questions? Contact the Attorneys at SBEMP Law Firm:
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
“This is one I think people are going to be particularly frustrated; they already are in California. We’ve been routinely behind all the other states and being able to get out and feel a sense of normalcy again so this is just one more barrier to that I think,” said Ryan Quadrel, an attorney at SBEMP Attorneys.
The California Occupational Safety and Health Standards Board made clear Thursday night that the regulations are only a stopgap while they consider further easing pandemic rules in coming weeks or months.
News Channel 3: Discussion on whether employers can require workers to get vaccinated before returning to the office
As different sectors of the economy in California are reopening and COVID-19 vaccines encourage a return to pre-pandemic standards, many employers will face the task of calling employees back to the office. SBEMP partner Vee Sotelo has reported that an influx of inquiries to the firm’s Labor and Employment Department raise two important questions: Can employers require workers to come back to the workplace, and can employers require vaccinations?
According to Sotelo, the short answer to both questions is “Yes.” To break down the issue completely, she explains what employers can require by law, what constitutes a valid reason for refusing the vaccine, and how to safely implement a return to the workplace.
To continue reading this article, click here.
For questions on this topic, or any other employment matter, please contact the Labor & Employment Department at SBEMP.
SBEMP’S Labor and Employment Department is comprised of attorneys with decades of experience in a broad range of labor and employment matters from day-to-day counseling to labor negotiations and litigation. Our team is prepared to guide our clients through the complex myriad of employment laws affecting California employers. We assist our clients with day-to-day personnel management issues, such as drafting employment policies, managing leaves of absence, identifying potential problems in hiring and firing practices, and ensuring wage and hour compliance. Our attorneys are also experienced litigators who regularly represent clients in all types of employment litigation, including defending wage and hour class actions as well as lawsuits alleging discrimination, harassment, and retaliation. Additionally, we regularly represent clients in administrative proceedings, such as Labor Commissioner claims, CalOSHA citations, DFEH and EEOC investigations, and DLSE complaints. Our labor and employment practice is also prepared to assist clients with labor negotiations and disputes. Our labor attorneys are experienced in negotiating labor agreements as well as representing clients before the NLRB.
In Part II of our SBEMP legal series learn about current employer law suits, employees’ rights under the CARES act, and novel legal theories that will set precedent for employers for years to come.
Aired Wednesday, July 8, 2020 11:00 AM – 12:30 PM
Legal Land Mines in the Time of the Pandemic…what’s legal? what’s not?
On Friday, June 5, 2020, the President signed the Paycheck Protection Program Flexibility Act (PPPFA) into law. This Act modifies the CARES Act and allows more loan forgiveness for Paycheck Protection Program (PPP) loans. PPP loans are now operating under new regulations and deadlines. Business owners currently working under PPP funds should be aware of these recent changes and adjust their plans accordingly. The approved amendments for the PPP are as follows:
- Current PPP borrowers can choose to extend the eight-week period to 24 weeks, or they can keep the original eight-week period. New PPP borrowers will have a 24-week covered period, but the covered period may not extend beyond Dec. 31, 2020. This flexibility is designed to make it easier for more borrowers to reach full, or almost full, forgiveness.
- Under the language in the House bill, the payroll expenditure requirement drops to 60% from 75% but is now a cliff, meaning that borrowers must spend at least 60% on payroll or none of the loan will be forgiven. Currently, a borrower is required to reduce the amount eligible for forgiveness if less than 75% of eligible funds are used for payroll costs, but forgiveness is not eliminated if the 75% threshold is not met. Rep. Chip Roy (Texas), who co-sponsored the bill in the House, said in a House speech that the bill intended the sliding scale to remain in effect at 60%. Senators Marco Rubio and Susan Collins indicated that technical tweaks could be made to the bill to restore the sliding scale.
- Borrowers can use the 24-week period to restore their workforce levels and wages to the pre-pandemic levels required for full forgiveness. This must be done by Dec. 31, a change from the previous deadline of June 30.
- The legislation includes two new exceptions allowing borrowers to achieve full PPP loan forgiveness even if they do not fully restore their workforce. Previous guidance already allowed borrowers to exclude from those calculations employees who turned down good faith offers to be rehired at the same hours and wages as before the pandemic. The new bill allows borrowers to adjust because they could not find qualified employees or were unable to restore business operations to Feb. 15, 2020, levels due to COVID-19 related operating restrictions.
- New borrowers now have five years to repay the loan instead of two. Existing PPP loans can be extended up to 5 years if the lender and borrower agree. The interest rate remains at 1%.
- The bill allows businesses that took a PPP loan to also delay payment of their payroll taxes, which was prohibited under the CARES Act.
The PPPFA is designed to help small businesses work effectively with PPP loans, and to have more time to adjust with economic changes. To read the full act, please click here.
SBEMP legal experts tell a Palm Springs Life webinar audience how employers should safely return employees to work, and individuals can plan for a potential health emergency.