Top 3 Legal Risks for California Employers

top 3 legal risks for california employers

Being a California employer comes with legal risks. A lot of the risks can be mitigated by having an HR consultant to help you with the laws that go with being a California employer.

Here are the top 3 legal risks for California employers:

1. Wage and Hour

California employers that have hourly workers have higher risks they are dealing with than those on salary. The more hourly workers you have, the higher the risks. Some of the most common wage and hour risks for California employers are misreporting overtime hours, misclassification of exempt and nonexempt employees, and recordkeeping errors.

2. Harassment and Discrimination

Harassment in the California workplace is a common and significant problem. California employees are protected by several sets of laws that don’t tolerate workplace harassment. So it’s important to have proactive response. By educating your workforce, frontline managers, and yourself, you can mitigate the risk of harasment and discrimination. It’s also important to know what your options and your obligations are as a California employer when a worker comes to you with an issue in the workplace.

3. Leaves of Absence

Everyone gets sick so leaves of absence will happen in the workplace. In our post-Covid, not-so-post-Covid world, leaves of absence and disability accommodations for sick, injured, and disabled workers has a complex process that has to be followed and documented in a way that is compliant with California regulatory framework. It’s important to get ahead of any possible risks by having the right forms in place, the right legal advice, or the right HR support.

Our HR Team

Ashley Emerzian, Esq.

Ms. Emerzian seeks to learn about her business client’s objectives and aligns transactional and advisory legal services with desired results. She regularly advises such clients regarding compliance with state and federal employment laws and consults regarding business and employment contracts, and policies and procedures.

Inna Shankar, Esq.

Ms. Shankar has substantial experience advising on California and federal employment laws, including employee classifications, independent contractor analysis, discrimination, harassment, and wage and hour.

Brittany Contreras, Esq., SHRM-CP

For the firm’s private and non-profit sector clients, Ms. Contreras provides transactional and advisory services on HR law compliance.

Xochilt Valero, SHRM-CP

Ms. Valero provides paralegal support to the firm’s attorneys, including case management, legal research, collecting and compiling information needed for such analysis from clients and other fact-gathering, drafting of documents, and preparation of investigation report exhibits.

Brianna Jakosa

With over fifteen years of HR experience, Ms. Jakosa has a broad range of HR skills functions and has previously served as a director of human resources responsible for managing all of the company’s HR compliance. Ms. Jakosa assists the firm’s clients with day-to-day HR matters such as wage/hour and payroll questions, terminations, recruitment, diversity & inclusion efforts, and leaves of absence.

Sarah Hutchinson

Ms. Hutchinson brings her vast experience in human resources functions and non-profit sector operations. She has experience successfully handling challenging and complex staffing issues, including matters requiring investigation. Ms. Hutchinson supports the firm’s HR consulting work by assisting clients with direct HR support including for onboarding, termination, disability interactives, and other outsourced HR duties.