Most Common California Overtime Law Violations – Find Out Now!

July 19th, 2009 at 07:06pm Under Labor Law

Before discussing the California overtime law, it’s important to know who is eligible to receive overtime. There are two types of employees: “exempt” and “non-exempt”. Exempt employees are often referred to as salaried employees and non- exempt employees are often referred to as hourly employees. However, an employee may be salaried and still be considered non-exempt and entitled to overtime. Exempt employees are treated exactly as the term sounds; exempt from overtime pay. Non-exempt employees are not exempt from receiving overtime pay. In other words, non-exempt employees are eligible to receive overtime unless the employee is misclassified or the employee is otherwise exempt under a California wage order. For more information on the guidelines for classifying employees as exempt or non-exempt, you should contact the California Department of Labor or a California labor law attorney. Not classifying employees properly is illegal and can be a costly mistake for employers out of compliance.In general, California overtime law dictates that the non exempt employee is entitled to time and a half pay or 1.5 times their regular wage for each hour the employee works past 8 hours in a day or 40 hours in a week. The California overtime law also states that the non exempt employee is due double time pay or twice the amount of their regular hourly wage for every hour past 12 hours in a day. Where as federal overtime laws only require additional compensation past 40 hours in a week, California overtime laws differ in this regard.California employers will often choose to follow federal law as opposed to California overtime law, and in doing so they sometime unknowingly cheat their employees from daily overtime that is due to them. But the most common violation of California overtime law is frequently referred to as misclassification. This occurs when the employer misclassifies the employee as exempt from overtime when in fact, their actual job duties are that of a non-exempt employee and are actually entitled to California overtime pay. California labor laws are very specific about what mandates an exempt employee classification.Other common violations that might require the assistance of California labor law attorneys or the California Department of Labor would be if the employee’s time sheet is altered in anyway and does not truly reflect the time worked, or if unlawful deductions have been made from the employee’s wages. Some common examples of unauthorized wage deductions are unintentional breakage of employer property (glassware, tools, etc) or cash shortages identified at the end of a shift.Lastly, the employee’s rights are violated if they do not receive the proper rest periods and meal breaks. This means that if the employee is going to work more than 6 hours in a day, the employee is entitled to a half hour uninterrupted meal break within every 5 hour period worked and a 10 minute break within every 4 hours worked. Sending the employee home a half hour early or clocking them in a half hour before they have begun working, to avoid giving the employee a break during the day, is a direct violation of the employee’s rights. If you find yourself in this situation, or in a similar circumstance, it may be prudent to contact a California labor law attorney for a more informed opinion of your potential wage claim.California overtime laws are in place to protect the California workforce. If an employee has had their rights violated in any of the ways discussed above, the employee may very well be entitled to overtime pay and should seek the assistance of California labor law attorneys or the California Department of Labor. The biggest difference between the California Department of Labor and California labor law attorneys is that a California labor law attorney can go back up to 4 years to recover unpaid overtime. The California Department of Labor typically will only recover wages from the last 3 years of employment. Often employees will worry that legal costs may be an issue when making this type of choice. However, there are a large number of qualified California labor law attorneys that offer their services on a contingency fee basis. Either way is shouldn’t cost you anything to claim what is rightfully yours.

Investing In China: Proposed Labor Contract Law

July 19th, 2009 at 01:06pm Under Labor Law

If you are considering setting up a company in the People’s Republic of China (the “PRC”) you should be aware that Chinese law is more protective of employees than the laws of many western nations, particularly the United States. The current PRC Labor Law was enacted in 1994; however, a new PRC Labor Contract Law, intended to supplement the Labor Law, is expected to come into force at the end of 2006. This new law contains both bad news and good news from the point of view of the foreign investor; however, in general it further strengthens the protection of employees.
The Bad News:
Severance Pay
Because it is difficult under the PRC Labor Law to terminate open-term labor contracts, employers usually prefer fixed terms. The Labor Contract Law will address this issue by requiring employers to pay severance compensation to employees on fixed term labor contracts if these contracts are not renewed at the end of the contract term. The proposed compensation is at least one month’s salary for each year of service.
Company Rules/Employee Handbooks
No provision in the employee handbook or other rules affecting the employee’s “personal interest” may be put into force absent consultation with the labor union or other employee representative body (under Chinese law, virtually all employees are required to be unionized).
A Shorter Probationary Period
Currently, the probationary period may be agreed between the employer and employee in the labor contract, but the maximum probation may not exceed 6 months. The Labor Contract Law shortens this period to one month for non-technical work and two months for most technical work (the six-month maximum is still retained for “senior technical work”, probably because these highly skilled employees are seen as less vulnerable in the employment market. This is significant because it easier to fire an employee during the probationary period than afterwards.
Non-Competition Clauses
Foreign invested companies in particular have tended to insert post-employment non-competition clauses into labor contracts in order to protect their intellectual property rights in China’s “wild west” business atmosphere. Although the Labor Contract Law allows post-employment non-competition restrictions, it will limit their enforceability to two years and restrict the geographical area of applicability to areas where actual competition is likely to occur. In this respect the reform will render Chinese law more similar to US law, since the current Labor Law does not impose any geographic restrictions at all (but does permits a maximum duration of up to three years). The Labor Contract Law goes even further, however, by requiring the employer “buy” a non-competition clause by paying a minimum compensation equal to the employee’s annual salary upon termination of the labor contract. It is still unclear what, if any compensation will be due the employee if the period of restriction is less than a year.
Contract Interpretation
Any ambiguous term in a labor contract will be construed in favor of the employee. This rule does little more that codify what has long been the prevailing practice in PRC courts.
Representative Offices
The current Labor Law requires Representative Offices to go through designated agencies such as FESCO (similar to Manpower in the United States) in order to hire employees. The new Labor Contract Law offers Representative Offices greater flexibility by allowing them to directly contract with employees for their first year of employment.
In summary, the new Labor Law will restrict foreign investor’s flexibility and make it more expensive for them to operate. The only good news is that Representative Offices will find it somewhat easier to operate. Typically, the new Labor Contract Law does not bother to define terms like “technical”, “senior technical”; and “personal interest” However, foreign investors have long been used to waiting months and even years for ambiguous terms in Chinese law to be defined through the further issuance of “implementing regulations” to supplement the main law; meanwhile the government’s actual implementation of the law in particular cases will be closely watched.

Thai Labor Protection Act & Employment Law

July 19th, 2009 at 07:06am Under Labor Law

The Labor Protection Act of 1998 (LPA) and the Civil Commercial Code (CCC) are primarily responsible for administering labor protection laws in Thailand. In other words, the rights and duties pertaining to the employer and employee are governed by series of a laws and procedures.
Apart from Labor Protection Act BE 2541 (1998) and Thai Civil and Commercial Code, the laws in connection with Thai labor issues cover Labor Relations Act BE 2518 (AD 1975), Provident Fund Act BE 2530 (AD 1987), Social Security Act BE (AD 1900), and Workmen’s Compensation Act BE 2537 (AD 1994.)
The Ministry of Labor and Social Welfare, via the Department of Labor Protection and Welfare, administers the laws as well as rights with regard to labor issues. Further, the Minister of Labor and Social Welfare also possess right to appoint labor inspectors as well as to issue regulations and notifications.
The Labor Protection Act and other related laws have set up employees’ minimum rights working in the country. This in turn includes rights covering almost every aspect of an employment such as working hours, remuneration, child and female labor, employee welfare fund, overtime wages, sick leave and maternity leave, holidays, employee dismissal and termination, provident fund issues, workers’ compensation, employee social security, and severance. Discussed further in this article are rights pertaining to certain aspects of employment in Thailand.
Working Hours
An employee is mostly entailed to work eight hours a day or 48 hours a week. However, it is reduced to seven hours a day or 42 hours a week, in case, the work is hazardous and affects employee’s health. In addition, an employee working continuously for five hours a day should be given a resting time of at least one hour. Likewise, an employee must also be given at least one day holiday in a week.
Remuneration
A remuneration committee has been set up, containing chairman who is the permanent secretary of the Ministry of Labor and Social Welfare, government representatives, and representatives of both employers and employees, in order to fix the wages and to determine basic pay.
Place of Payment of Remuneration
As per the Labor Protection Act, an employer is required to make payment of remuneration at the working place itself. However, it can be changed provided if employee is ready to accept payment at some other place or via some other payment modes.
Female Employees
According to the labor acts, both male and female employees must be treated equally in a working environment. However, there are certain exceptions in this case. For instance, an employer is restricted to employ female employee in such organizations engaged in mining as well as construction projects, underwater and tunnel works, and production and transportation of inflammable materials and explosives. Similarly, pregnant female employee is prohibited from working in plant or equipment that vibrates and lifting or carrying on her head more than 15 kilograms of weight. Additionally, an employer cannot terminate a female employee when she is pregnant.
Child Labor
According to the labor law, a child labor could be employed only if he has completed 15 years of age. But, in order to child labor below 18 years of age, the employer is required to notify it to the labor inspector regarding the employment of a child labor within 15 days from the date of his joining the job. Likewise, the law restricts an employer to make a child labor below 18 years to work on public holidays and to do overtime. Further, child labor below 18 are not allowed work in certain working environments such as metal stamping, working with hazardous chemicals, and working with poisonous microorganisms.
Sick Leave and Maternity Leave
As per the law, an employer must grant employees at least 30 days paid sick leave. However, an employee must furnish a doctor’s certificate in case, he takes sick leave continuously for three days. In the case of maternity leave, a female pregnant employee should be granted at least 90 days maternity leave, of which the employer should pay for 45 days of the maternity leave.
Termination
A notice in writing must be given to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as
- Performing his or her duties and responsibilities dishonestly
- Committing any kind of criminal offense
- Negligence from the part of employee that leading to serious damage or loss to the employer
- Disobeying working rules and regulations devised by the employer
- On imprisonment as per the final judgment of imprisonment
A plethora of law firms are now in scenario in order to help you dealing with the Thai labor law. Usually, these law firms provide a range of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, and labor law compliance issues.

Employers Expected to Face Additional Pressure from Department of Labor

July 18th, 2009 at 07:06pm Under Labor Law

It seems like everywhere you look there is some mention of the U.S. Department of Labor (DOL) cracking down in one way or another on businesses. Statistics indicate that there is much increased activity in DOL audits over the last few years, which should come as no surprise. In the DOL 2011 Strategic Plan Fiscal Years 2006 – 2011 the department listed four major goals, which are:

According to the Strategic Plan, the third goal, Safe and Secure Workplaces “focuses on ensuring that workplaces are safe, healthful, and fair; providing workers with the wages due to them; providing equal opportunity; and protecting veterans’ employee and reemployment rights.” It is this area that prompts the majority of DOL audits of employers.

The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the DOL is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased audits.

In is important to understand that the DOL is quite a large organization with far reaching regulatory authority. The DOL has 27 divisions that each has their own function. A few of the divisions that are most familiar to private employees are:

In 2008 the WHD recovered more than $185 million in back wages for 228,000 employees. In addition, the agency assessed $9.9 million in civil monetary penalties and concluded 28,242 compliance actions. Including the 2008 figures, the 8 year cumulative total of back wages collected by the agency was $1.4 billion dollars. (Please click here for US Department of Labor 2008 Fiscal Year Report)

Audits are generally triggered either when a current or former employee files a complaint with the DOL or when the DOL targets a specific industry for investigation. It is a common practice of the DOL to target a variety of low-wage industries including day care, agriculture, janitorial services, the garment industry, healthcare, the hotel and motel industries, restaurants, and temporary help. These industries generally have vulnerable and often immigrant workforces, and a history of chronic violations.

Keeping in mind the many arms of the DOL and its numerous divisions, there are many areas that may be audited and some of the main areas of employee complaints (that result in an audit) are listed below:

In addition, many states have a state agency equivalent to the DOL. For example, in California there is the Division of Labor Standards Enforcement, which can also audit CA employers for the same items as the DOL. It is imperative to know your specific state’s requirements in addition to federal regulations. In California, employers should also ensure they are complying with meal and rest break requirements, properly recording meal breaks and the employees’ time worked, properly paying overtime, and reimbursing employees for all business related expenses.

Liability for violation of the wage and hour laws does not require evidence of bad intent or unlawful motive by an employer. The performance of the employee is also rarely an issue, making the employer’s exposure fairly straightforward in most cases. 

If the DOL audits your company, a representative will visit your facility to conduct interviews, make sure the required posters are hung, and possibly examine the time clocks to determine whether your company is in compliance with the Fair Labor Standards Act. DOL will then review up to 3 years’ worth of your wage-and-hour records and investigate your wage-and-hour practices to determine whether you have paid your employees the proper amount of overtime. This will include a review of your pay records, so you must make sure the records are accurate and organized.

Employers need to be proactive about complying with these complex wage and hour laws. If cost is a concern, complete an in-house audit and then have an attorney double check the policies and practices. It will cost a lot more to contact an attorney after the DOL or state agency is in your workplace or the lawsuit has already been filed.

If you want to learn more Human Resources Tips, please click here for more information.

Ask The Attorney – Basic Employment Law Disputes

July 18th, 2009 at 07:06am Under Labor Law

INTRODUCTION: Employment law disputes are one of the most litigated in California. Many businesses are violating the law without even knowing it. Each year, the Labor Commissioner as well as attorneys, sue Asian businesses knowing that they lack the requisite knowledge to defend an employment lawsuit.

QUESTION: Dear Mr. Cheng: I used to work in a restaurant and the owner worked us 10 Hours a day straight. I am tired. Recently, I requested a break and was fired. I am still waiting for my paycheck and it has been two months. I was paid $30/Day and owed $390.00 for 13 days of work because I worked six days a week. I worked there for 6 months. Is this legal? Jessica – Rosemead ANSWER: Jessica, not only was this illegal but the violations of the law allow you to receive much more money than what you think is owed to you. Our business law department represents numerous businesses in the San Gabriel Valley, including restaurants. The actions by the owner are classic labor law violations. Minimum Wage: First, no person can contract for less than minimum wage. Currently, minimum wage is $8/Hour in 2008.

Therefore, at a minimum you are owed $80/Day and not $30/Day as stated. Meal Breaks: Each day you work more five hours you are required to get a meal break not less than 30 minutes. Failure to do so allow you to receive a penalty of $8/Day for every meal missed. Furthermore, depending on your specific circumstances you may also need to receive another $8/Day in a second meal break missed. Rest Breaks: You were also required, based on your circumstances, to receive a rest break no less than 10 minutes, twice a day. A violation of this allows you to receive one additional hour of pay. Overtime: Any time you work over 8 hours a day and less than 12 hours you are required to receive 1.5 x your hourly wage. Therefore, each day you worked you were entitled to receive another $48/Day ($12 x 4). Termination: Anytime you are terminated you are required to receive your pay immediately. If you do not you receive your average daily wage as a penalty for up to 30 days. Therefore, being that your average daily wage (including penalties) should have been $128 you are entitled to receive $3840.00 in penalties. Conclusion: The approximate amount you are entitled to receive based upon your facts is $17952.00. This is calculated on the wages and penalties that you are entitled to receive minus the actual amount received. In conclusion to your question, the answer is no, this was absolutely illegal. QUESTION: Dear Attorney Cheng: I am a business owner in a large company in the San Gabriel area. I am worried about Labor Code violations because the employee recently requested time records and I no longer have them. Are there any legal consequences of not keeping employment records? Sam – Rowland Heights ANSWER: Dear Sam, under the Labor Code you are required to keep documentation available for your employees to copy. Failure to do so within 21 days of a written request for them entitles employees to damages that can range up to $4000.00. Furthermore, when there is a labor dispute, there is a presumption that if the employer fails to keep proper documentation, the employees’ statements can be used to support hours worked. This is a very severe consequence because an employee can claim many extreme figures for their employment. However, if the employer cannot substantiate the hours worked, the employee is not penalized for a disorganized employer.

Knowing Your Labor Rights With a Los Angeles Attorney

July 18th, 2009 at 01:07am Under Labor Law

Labor Law in Los AngelesOf all the areas of legal practice in Los Angeles, Labor Law violation may be considered as one of the most difficult cases to handle and establish. Since the said area of law entails wide range of matters that affect both the business and employment sector, a Los Angeles Labor Law attorney has to fully comprehend the intricate statutes and legal procedures. This is to make sure that their clients will be well defended with their cases.In general, Labor Law encompasses employment matters such as employer-employee-relationships, dispute resolutions employment terms and policies and even collective bargaining agreements. This is also intended to maintain the balance between the rights of the employees as well as of their employers.Additionally, the Labor Code seeks to castigate employers who are guilty of unfair labor practices and discrimination of all sorts. Yet, such law also suggests other legal means of resolving disputes aside from pursuing a legal action in courts.The Labor Law is designed to give the workers freedom to establish their union and to assert their grievances by holding strikes and seeking injunctions without the fear of being retaliated by their employers.The Task of a Los Angeles Labor Law AttorneyA Labor Law attorney can be helpful for either the employees or companies who are involved in a legal problem. As a counsel for the employers, he/she can do the following tasks:• creating a good employment handbook, manuals and company policy• representing the company if ever any legal complaint has been filed against them• reviewing contracts and other transactions that are being made by the company• giving valuable legal counseling in the occurrence of strikes and lockouts• designing a good bargaining agreement in case of disputesAs an advocate of the aggrieved employees, he/she will:• evaluate the employees’ case and establish a good strategy in order to obtain justice and recover suitable damages from the unruly employers• gather documents and evidences that are vital in proving the violation of the employer• protect the employees against any act of retaliation• assure that all the rights of the employees are being protected• represent the workers in any negotiations called by the employersChoosing the Right Legal AdvocateIt is a fact that not all attorneys in Los Angeles are experts in the field of Labor Law. Hence, it is not advisable for those who are involved in Labor disputes to hire an attorney who does not have a credible history in handling such cases.In choosing the right attorney, it is important to consider these tips in order to increase the chances of having a successful case result:• Confirm if an attorney has been duly licensed by the Los Angeles bar Association• Examine an attorney’s record of winning employment cases• Ask for referrals from people who have been engaged in similar situations• Determine whether an attorney has any conflict of interest or none• Ask for the manner of professional fee’s payment• Consider his other affiliations in the legal industry

Knowing what your rights are can help protect your interests as a worker. To know more about labor law violations and other related issues, you can consult with our experienced Los Angeles labor law attorney.

Jobs in Dubai – The Impact of Labor Laws

July 17th, 2009 at 01:06pm Under Labor Law

Finding the perfect job in Dubai can offer its own set of unique challenges.  The UAE has not been immune to the global economic crisis and competition for available jobs is stiff.  In addition, labor laws in the UAE can be confusing and seem to be in a constant flux.   By educating themselves on the basics of UAE labor law, employees can avoid many common pitfalls that may arise during their time working in Dubai.

Rights that job seekers take for granted in their home country may not necessarily apply in Dubai.  For example, there are no anti-discrimination laws in effect and employers can request anything from a certain nationality or age group to a certain appearance.  There is also no minimum wage.  An employee’s nationality is often a determining factor in the amount of pay offered, with Europeans and Arabs on the higher end of the scale and Asians on the lower end.   Because changing jobs in Dubai is not a straightforward process, it is a common (although illegal) practice for some employers to hold employee passports as security against absconding.  

An expatriate’s right to live and work in the UAE is tied to their sponsor, in this case the employer.  Once a job seeker is hired, an employment contract will be signed.  The contract is either fixed term or unlimited term.  A fixed term contract means that there is a specified start date and end date.  The contract cannot exceed three years, but can be renewed.  Unlimited term contracts list a start date but are open-ended.  They may be terminated by mutual consent or by either party giving 30 days notice.  A new employee may undergo a probationary period of not more than six months.  During this time the employee can be dismissed without reason or notice and he or she will not be entitled to any end of service benefits.  Contracts may also include a competitive clause which states an employee cannot work for a competitor for up to two years. 

Once a contract is signed the employee is legally bound to fulfill it. While laws regarding sponsorship have eased, allowing employees some movement between jobs if certain conditions are fulfilled, it still can be a challenging process.  In most cases, in order to transfer to a new job the employee must complete one full year of service at their current position and obtain an NOC (No Objection Certificate) from their current employer.  The NOC states that the employer releases the employee from any contractual obligations.  If an employee’s work permit is cancelled without the NOC, a six month ban will be issued against the employee.  This means that while they can reenter the UAE on a visit visa during the ban, they will not be issued a new work permit for six months.  There are certain categories of workers who are exempt from these rules, including employees of government departments and Free Zone areas (such as Dubai Media City, Knowledge Village, and Internet City).  Free Zone workers are not under an individual company’s sponsorship, but under the sponsorship of the entire Free Zone area itself.  As such, they can transfer to a new job within the same Free Zone without an NOC.  Employees sponsored by their spouses also have greater freedom of movement between jobs.

While Dubai offers an exciting, multi-cultural work environment coupled with tax free income, employees do need to be aware of how job regulations can affect them.  The government of Dubai is currently reviewing labor laws, particularly the six month ban rule, in light of the current global economy.  Changes giving workers more rights and greater flexibility to move from one job to another may be on the horizon.

Hawaii Labor Law and Employment Law Update: Hawaii Card Check Bill Passes–Bills’ Fate in Question as it is Transmitted to Governor Lingle

July 17th, 2009 at 07:07am Under Labor Law

Hawaii Card Check Bill Passes:  Bills’ Fate in Question as it is Transmitted to Governor Lingle

A bill which will allow unions to organize agricultural employers without a secret ballot election, HB 952 CD1, was passed on May 8, 2009, by the Hawaii Legislature.  Governor Lingle will have until June 30, 2009 to issue a veto message.

If Governor Lingle vetoes the bill, the Hawaii Legislature can override the Governor’s veto by obtaining a 2/3 majority vote in both the House and Senate. Based on her previous history of vetoes, it is likely that Governor Lingle will veto the bill.

The “card check” bill amends the Hawaii Labor Relations Act to require an employer to recognize a union as the bargaining representative of its employees if it is presented with union authorization cards signed by a majority of employees in an appropriate bargaining unit.

The card check bill, if not vetoed by Governor Lingle, or vetoed but overridden by the legislature, would apply to agricultural employers and certain small businesses exempt from the coverage of the federal National Labor Relations Act and effective July 1, 2009.

The card check bill closely mirrors President Obama’s push for passage of the Employee Free Choice Act (“EFCA”).  Like the recently passed Hawaii bill, generally, EFCA would require the National Relations Board (“NLRB”) to certify a labor union as the exclusive bargaining representative of employees through union authorization cards signed by employees, without the benefit of a government-supervised, secret-ballot election, as long as 50% plus one of an appropriate bargaining unit sign the cards.  Critics contend that among other problems with EFCA, the card check system is prone to the use of intimidation and peer pressure by union organizers.

In addition to the potential of doing away with secret elections, HB 952 CD1 limits the card check provision to employers with annual gross revenues of $5 million dollars or more, and provides that if an employer and union negotiating for an initial contract do not reach agreement within 110 days through bargaining or mediation, they shall be referred to an arbitration panel, which will establish the terms of the parties’ collective bargaining agreement for a period of up to two years.  Finally, the bill includes new penalties of up to $10,000 for unfair labor practices.

A copy of the final bill transmitted to Governor Lingle can be accessed here:  http://www.capitol.hawaii.gov/session2009/bills/HB952_CD1_.htm

Roman Amaguin, Esq; http://www.amaguinlaw.com; http://www.employmentlawyerhawaii.com

USA Labor Laws for Immigrants

July 17th, 2009 at 01:06am Under Labor Law

Hiring non-citizens at your place of business can be tricky. Some employers look for alien or immigrant employees to hire, thinking these workers will work more cheaply than U.S. citizens. Other bosses employ migrants in positions that are dangerous, without providing adequate protection or training. There are even some companies that overwork immigrant employees, especially those that don’t speak English very well, taking advantage of the people who depend on these companies to survive.

The truth is that employers must treat immigrants the same way they treat U.S. citizens. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) was enacted to protect migrant and seasonal farm workers, agricultural employees, and migrant housing suppliers. But certain types of labor contractors and employees are exempt under limited circumstances. Employees are entitled to receive the terms and conditions of their jobs written in their own language.

Employers are required to keep written payroll records for migrant workers for three years or more, with copies going to each non-native worker. For agricultural jobs, employers must certify that housing provided to seasonal workers meets federal standards. Vehicles used to transport migrant workers also must be safe for transportation use.

If you are thinking about hiring migrant workers to help at your farm or agricultural business, here are some points to consider:

1. Is the migrant a U.S. citizen? Does he or she have a green card? Is the person an illegal alien? Keep in mind that any worker without proper paperwork proving that he or she belongs in this country could be deported, if caught.

2. Are you willing to extend financial support via employment to migrant workers who are employed by your company? Without evidence of long-term or ongoing employment, some aliens may be asked to leave the country.

3. Does the migrant worker have a family? If so, can you provide adequate housing, sanitation, and educational access to family members? You also may want to consider some type of insurance or health benefits in case someone gets sick or the wife has a baby.

4. Can you help migrant employees become acclimated to your community? This might involve introducing them to other immigrants from their native land, guiding them to English classes at a local high school or cultural institute, and taking them on a tour of local facilities like banks, schools, and stores.

5. Have you done a background check on your migrant employees? You may not want to hire someone with a criminal past unless you feel the person has turned over a new leaf.

6. Don’t forget to consider transportation issues. Unless your migrant workers have a driver’s license and a car of their own, they may depend wholly on public transportation or you to get them to doctor appointments, shopping areas, and business needs.

Contact the federal Department of Labor to learn more about compliance regulations. In some cases, the government provides help to employers and employees. Although there may be cultural, economic, and social advantages to hiring migrant workers in your company, remember to put the employee’s well being ahead of everything else when making your hiring decisions.

Paul J Napoli Weighs in on Crucial Issues Regarding Labor Law

July 16th, 2009 at 07:06pm Under Labor Law

Paul J Napoli, Super Lawyer for Napoli Bern Ripka LLP, has been heading some major cases recently regarding Labor Law. Labor Law comes into play when an employee is injured on the job. Much of labor law cases are consumed with construction accidents. Construction accidents occur due to shoddy equipment, failure to comply with safety standards, as well as many other factors. Labor law becomes an issue especially when safety standards are not complied with an give way to injury of an employee. Many times construction site’s managers will even bribe inspector so that they pass all of their standards. Paul J Napoli has seen too many cases where inspectors have been bribed so that a site is deemed “safe”. However the truth is that construction site is the farthest away from being safe. Another factor that gives way to labor law issues is when construction workers are paid under the table, which do not give them any type of insurance rights. Many times if a construction worker is being paid under the table and gets injured on the job, they are fired because they cannot work. In this case not only is the construction worker injured, but they are also out of work. In these situations the medical bills alone can cause the injured construction worker to be out of their means. Paul J Napoli urges anyone who has been denied his or her rights to contact him so that justice can be reached.For many workers, filing a labor law claim is a hard thing to do because most of the time that person is out of work, injured, and unable to provide for their family. However, Paul J Napoli urges anyone in this situation to step forward because they are helping to give an end to this type of treatment. Labor law issues can pose many threats to both parties; therefore it is in the best interest for both parties that they comply with all of the rules and regulations. Too many times have construction workers been hurt on the job due to shoddy equipment. A prime example of this is the recent summer crane fallings. The fact of the matter is that the crane company bribed investigators so that they could continue to use a crane that could not pass the safety standards. Due to the shady dealings of both the investigator and the crane company numerous people died and massive destruction was done to the upper east side of Manhattan. Hopefully this occurrence scared general contractor companies so that they would not even think of bribing safety inspectors. If you or a loved one has been victim to an act of negligence on behalf of an employer, contact Paul J Napoli and Napoli Bern Ripka LLP. They will be able to assess your case and determine the proper steps needed to take your case to justice. Don’t let your employer’s misjudgment affect the way you live your life.