One of the most common legal issues in the workplace is customer dissatisfaction. In most cases, their dissatisfaction stems from broken promises and faulty products and services. The level of dissatisfaction can range from customer outrage to class action lawsuits. Seven of the most common questions in labor law relate to things like: Today`s businesses need to be aware of the legal issues associated with employer-employee relationships and the responsibility of companies to create and maintain a safe and fair environment. In addition to employing adults who can legally work, it`s also important for employers to comply with U.S. child labor laws or eventually file legal action. Harassment is often illegal – not only under California law, but also under federal law. The Employment and Housing Equity Act (OHEF) prohibits harassment on: Understanding the most common types of legal issues can help employers avoid problems and employees understand what their legal rights are. California labor law covers a wide range of employment issues to avoid legal problems in the workplace. Still, legal issues arise from time to time, so it`s a good idea to refresh your understanding of what`s considered illegal.
If you are an employer seeking information about the lawful termination of an employee, you should contact both the Equal Employment Opportunity Commission (EEOC) and your state employment office to ensure that you are not violating federal or state labor laws. You may want to contact a licensed attorney. One of the most common legal issues concerns workplace safety rules. While security risks in offices may be minimal, there are still basic safety standards that employers must follow. Trip and fall accidents are among the most common causes of injury. Safety becomes even more important in potentially hazardous factory environments or when items such as hazardous chemicals are handled. Employers are required to provide appropriate protective equipment and procedures that minimize the risk of injury, otherwise they may be held liable for negligence. Another reason why you need to proceed with caution is that many companies tend to sit on a patent for years without actually developing it. One of the reasons they do this is to see if an unsuspecting competitor falls into a trap so they can make legal claims right away. Such claims can cost a lot of money, which can lead to a loss of business. In this way, companies get rid of competition without overtaking it in the market.
Similar problems are possible in the areas of copyright and trademark infringement. Companies should follow legal guidelines to create their original content and avoid creating something similar to other people`s work while claiming it as their own. Just because employees work for a company does not mean that the company has the right to use their identity for commercial purposes. Taking photos or videos in public may be legal, but recording conversations without permission may not be. This includes phone calls where someone is recorded without their knowledge. If you are an employer who has concerns about incorrect FMLA leave, contact Payroll and Hours with any questions about FMLA compliance and seek advice from your company`s legal and human resources departments. What classifies you as an employee? Some employers hire contractors, interns, and others they may not consider “employees” and therefore not covered by state and federal labor laws. However, if a “contractor” performs his or her role as an employee and a separate contract does not explicitly provide otherwise, he or she may still be covered by labour law. Similarly, if an intern is doing the work of a permanent employee, he or she can legally be considered a regular employee and should be paid as such.
Workers should feel safe in the workplace, especially when hazardous chemicals or working with hazardous equipment may be involved. Appropriate protective equipment and procedures should be used to minimize injury. Comments about an employee`s business can have serious consequences. Workers have been legally dismissed for making prejudicial remarks about their employer. Everyone needs to know that they are not immune to the consequences of using social media in their private life. There have been many precedents to support this point. Discrimination is a significant problem in American workplaces. Chances are you`ve seen it yourself – or worse, experienced it.
Discrimination is unfair or disadvantageous treatment of people with certain characteristics. Discrimination in the workplace generally refers to: Even in workplaces with offices and meeting rooms, special attention should be paid to employee safety. Injuries caused by trips and falls are a major cause of workplace lawsuits and are usually due to the employer`s negligence in the conditions that caused the injuries. Companies should provide appropriate warnings regarding wet floors, slippery sidewalks or low stairs, etc. If you are denied reasonable accommodation in the workplace because of disability or religious beliefs as a salaried worker, you are entitled to certain rights in the workplace, particularly those that keep you safe. This includes the right to: The national minimum wage is the lowest legal hourly wage for many employees. Tips may have a different salary. Workplace culture laws are constantly changing, and employers and employees must keep up with current societal trends as they may apply to the workplace. Employers who are unaware of labor laws can easily violate them. If workers are laid off, there must be good legal reasons for doing so. And workers need to be aware of these reasons. Firing an employee for the wrong reason can result in prosecution.
As of January 1, 2017, some employers are required to submit accident or illness data electronically. In this way, OSHA can improve the enforcement of workplace safety requirements and provide valuable online information to workers, job seekers, customers, and the general public. The new rule also prohibits employers from preventing their employees from reporting an injury or illness. Legal problems can be quite common in the workplace and their consequences can be catastrophic for the company. Even a minor complaint can cause serious damage not only to a company`s budget, but also to its reputation. That`s why it`s important to familiarize yourself with common legal issues so you know how to deal with them and avoid them completely. Employers need to understand what is considered legal in the workplace in order to respect their employees and work successfully. As a commercial and corporate law firm, Ritter Spencer is familiar with the rules of a workplace. With the help of an experienced lawyer, business owners can avoid common legal issues in the workplace and maintain a good reputation for the business.
Read below to learn more. One of the most common legal pitfalls that can arise in the workplace is intellectual property and copyright. Tech startups and small businesses can easily run into this legal problem simply because they didn`t know about it. Employers must conduct background checks to ensure that potential employees have the correct documents (green card) proving their right to work in the United States before signing employment contracts. Immigration controls can and do take place. The following best practices are useful for all organizations looking for a drug-free workplace: Employers with FMLA-eligible employees have specific rights and obligations under the law. Find out how different types of employers can be covered by the FMLA. You must submit documents to support your complaint of discrimination, such as: Emails, records and/or letters.
Your employer may hire lawyers to defend the claim, so you may want to consider legal advice or representation from an employment lawyer to protect your rights. A company is also exposed to legal problems when a dissatisfied customer takes legal action against the company. A customer satisfaction trial is usually the result of a product malfunction, a broken promise, or a lack of quality and safety. Taking care of customer needs and having a dedicated customer service team is the best way to proactively avoid dissatisfied customers. Another common legal issue is discrimination in the workplace. Employers can often be biased and hire unfairly based on political views, gender, race, religion, etc. This opens the door to increased liability and even potential prosecution. In addition, discrimination can come from employees themselves against their employees. Typically, especially if left unattended, discrimination can turn into harassment, and a company is held responsible for failing to prevent it. One common scenario is increased consumer demand, where companies sacrifice product quality to meet quantity. When products or services lose quality, they can become defective or even cause injury to customers.
Companies can offer guarantees to customers with the promise to solve certain problems within a certain time frame that must be properly met. Sexual harassment or any form of bullying is also illegal and an example of discrimination.