INFINITI LAW can build or expand your company’s human resources infrastructure to meet your business objectives and provide your company with superior protection through the design, review, and implementation of comprehensive recruitment, employment, and termination procedures and policies. We counsel employers on a wide range of employment and benefits-related issues and help our clients make informed, strategic decisions to protect and advance their companies. Through our expertise in immigration law, we can easily handle the added complexities created when the need for foreign labor arises. For emerging growth companies, INFINITI LAW often acts as an “in-house corporate counsel” to insure that your business objectives are met. We leverage our existing industry contacts to ensure the smooth establishment and operation of your company. No matter what your stage of development, INFINITI LAW can provide your company with innovative, superior quality, and cost-effective legal solutions.
It is easy to accidentally violate employment laws at the early stages of your company’s development. Thus, it is critical to gain an understanding of whether or not your job requirements and procedures comply with applicable state and federal laws. We provide comprehensive legal advisement regarding hiring procedures and laws. In addition, when professional recruiters are used, the engagement contract needs review and evaluation to ensure your company’s protection. Job Applicant Non-Disclosure Agreements are also critical to protecting your intellectual property during the interviewing process.
The most common type of employment in California is “at will”---this means that you can terminate the employee at any time and that he/she can resign at any time with or without cause. Employment Agreements, however, are still commonplace in at-will cases because of the need to make the at-will nature of the employment explicit, to incorporate non-disclosure and non-solicitation agreements, and to assign intellectual property rights. While at-will employment is the most common, term employment contracts are common in cases involving executives and other key employees.
INDEPENDENT CONTRACTOR AGREEMENTS
Companies are increasingly using the services of independent contractors. An independent contractor is an independent businessperson who has contracted with your company to perform services or to achieve a certain objective and who controls the means and manner of job performance. For such individuals, the use of a written agreement designed specifically to establish the independent contractor relationship is essential for your company’s protection because courts often re-characterize the relationship to that of employer-employee, which results in fines, penalties, unpaid taxes, and lawsuits for your company.
Infiniti Law can help you develop and draft company policies that are in full compliance with applicable state and federal employment laws. Many companies prefer compilation of their policies in an employment handbook.
Offering stock options to employees has become increasingly popular in recent years. If your company is planning to offer this benefit, drafting of a stock option plan and individual stock option agreements in compliance with applicable laws is essential.
Typical Company Policies to Consider
- EEOC statement/compliance
- At-will employment policy
- Introductory employment period policy
- Policy against harassment
- Sexual harassment policies and procedures
- Confidential Information policy
- Employment of Relatives policy
- Policy with regard to regulation of outside employment
- Conflicts of interest policies
- Privacy policies: inspection of work stations and personal belongings
- Email, voicemail, and computer network system privacy policies
- Pay policies and practices: Pay periods, timekeeping, overtime, rest and meal breaks, bonuses, expense reimbursements, payroll deductions, garnishments
- Employee benefits
- Paid leave policies
- Unpaid leave policies
- Workers compensation claims procedure
- Standards of performance, and policies regarding discipline and termination
- Solicitation policies
- Dress & grooming standards policy
- References policies
- Violence prevention policies
- Smoking in workplace policy
- Drug & alcohol policy
- Procedure on termination of employment