Employment Law Advice: Working With Employers Throughout Southern California
Employers that arm themselves with information and knowledge about California and U.S. employment law are in a much better position to avoid lawsuits, labor actions and employee problems. It is important for businesses and organizations to have assistance in matters involving employees. An experienced and knowledgeable employment law attorney can be an invaluable resource.
Few employment law firms have more experience providing legal counsel to Southern California employers than Bononi Law Group, LLP.
We have managed and resolved hundreds of legal challenges and disputes for organizations ranging from just several employees to Fortune 500 firms. A partial list of our advice and counsel services includes:
- Training: Providing training sessions and seminars to businesses, school districts and other large organizations regarding employee relations
- Legal issues: Providing counsel and representation regarding wage and hour claims, discrimination, harassment, and Family and Medical Leave Act (FMLA) claims and disputes
- Employment contracts: Working with employers to draft and negotiate effective employment contracts
- Labor law matters: Representation for employers in union-organizing campaigns, elections and unfair labor practice proceedings before the National Labor Relations Board and in the courts
- Labor union representation: Negotiation and arbitration regarding collective bargaining with national labor unions, including the Teamsters and the United Auto Workers
- Front-line experience in strike planning and response and picketing issues
Q. Do Privacy Protection Laws Prohibit Employers From Monitoring Employees’ Emails And Phone Calls?
A. The Supreme Court has ruled that employees have only limited rights to privacy in their employers’ computer systems. This means that employers are able to legally monitor visits to websites and can even prevent employees from visiting specific sites. It is legal for employers to limit employees’ Internet use to business-related sites and to discipline employees who violate company policy. The courts have ruled that emails are company property if they are sent using a company email system. Many employers routinely monitor or archive emails sent through their system.
Q. Does Employment Law Cover Independent Contractors As Well As Regular Employees?
A. Independent contractors are not employees of the business for which they work and are not eligible for workers’ compensation or unemployment. In most instances, they must pay taxes directly, as the company will not withhold taxes as they do for regular employees. Distinguishing between an independent contractor and a regular employee can be tricky, so consulting an employment law attorney can be helpful.
Q. What Is The Difference Between At-Will Employees And Contract Employees?
A. Contract employees either have individual contracts or are part of a labor union that has bargained with the employer to determine wages, benefits and other conditions of employment. Employees who are not working under individual or collective contracts are at-will employees. As long as the employer does not discriminate or violate other employment laws, an at-will employee can be terminated for any reason.
Q. What Information About Employment Law Is Available To Employers?
A. Several public agencies have comprehensive employment law websites. These include:
- The United States Department of Labor (DOL) Wage and Hour Division (WHD) https://www.dol.gov/whd/
- The Contract Employee’s Handbook http://www.cehandbook.com/
- The National Labor Relations Board (NLRB) https://www.nlrb.gov/
Meet Our Team
For more than 20 years, employers throughout the Los Angeles area and Southern California have turned to Bononi Law Group, LLP, for counsel on questions ranging from wage calculations and employee leave regulations to in-house training and national labor and union relations representation.
Our team includes Peter Flanderka, who has represented employers since 1989, and William S. Waldo, who provides human resources advice to employers regarding compliance with California’s new harassment training requirements, proper investigation of employee claims, updating of employee handbooks and manuals, and navigation of the overlapping medical leave requirements for state and federal law.