Reduce your liability and improve relationships

As a business leader you are well on your way with plans for the new year. One area that should not be overlooked are company policies including an updated employee handbook. Take action to reduce your liability as an employer. Make clear the vision for your firm and how that vision should be executed. You, your staff, and clients will be better for it. 

I am very excited to post the first of many EmployBetter interviews. Being proactive with employment law is so important it is appropriate that our first interview covers the subject. Phillip Cha is a tenured employment law attorney who took some time to share his insight on the correct view of labor law as an employer. Here is what he had to say:

EB: Please give a little background on who you are. Education, hometown, etc.

Phillip: My hometown is Los Angeles, California.  I received my B.A. in Sociology from UCLA and my law degree also from UCLA.  I have been a practicing attorney specializing in labor and employment law since 2000.

EB: Why are you an attorney and how did you enter employment law as an area of focus?

Phillip: I was not a good science student, so I saw the legal field as my way of helping people.  I became interested in labor and employment law when I took an employment law class during law school.  The cases I read were really interesting and people-oriented.

EB: Where are you practicing now?

Phillip: I am with Lim, Ruger & Kim, LLP, which is one of the oldest and largest minority-owned law firms in California.

EB: What are the key components of employment law?

Phillip: The key components are the anti-discrimination laws, wage and hour laws (like overtime, breaks and record keeping) as well as traditional labor laws if there is a labor Union in the workplace.

EB: Given the dynamic nature of recent legislature, what do small employers have to do for the Affordable Care Act / Obama Care?

Phillip: From an employment law standpoint, Obama Care will require employers with more than 50 employees to provide health care coverage to its employees, or else pay a penalty in the form of a tax for each employee that is not offered coverage.  However, the details are pretty vague right now; we are waiting for the government to give us some more guidance.

EB: I talk to many business owners who say they are too small for HR. At what size does an employer need to consider HR issues?

Phillip: All employers should be thinking about HR issues.  Age discrimination and disability discrimination claims are at an all-time high, and no employers are immune.  That said, once employers hit 50 employees, they are considered “large employers,” and that is when they become a bigger target for lawsuits and regulation.

EB: Give me some of the basic and mandatory tools/documentation/ processes all employers should have in place?

Phillip: Basic and mandatory would include an employee handbook spelling out the employer’s policies and expectations, as well as a reputable payroll provider that knows the ins and outs of wage and hour laws, like overtime.

EB: How do good processes and documentation enhance employee performance?

Phillip: When employees know what the employer’s policies and expectations are, it is easier for them to follow the rules and focus on productivity.  

EB: Besides being sued, when should I enlist the services of a labor attorney?

Phillip: Employers should consult with a labor attorney before taking adverse action against an employee (whether it be termination, discipline or denying a leave of absence).  With the help of a good attorney, employers can avoid litigation before it happens.  Unfortunately, most employers wait until after the lawsuit is filed to hire an attorney.

EB: As a business owner what should I be looking for and asking when interviewing labor attorneys?

Phillip: The most effective labor attorneys are experienced in both litigation and HR counseling.  Too many focus only on one or the other, but you need both skill sets to do the best job for the client.

EB: As a small business owner where can I get quality low cost or free information/advice?

Phillip: Some of the larger chambers of commerce have resources for cost-conscious employers, but the cost of consulting directly with an attorney specializing in this field is not as high as most employers think, and consulting with an attorney early can save thousands of dollars in the long run by reducing your risk of litigation. 

For more information regarding tools some cloud based starter solutions  subscribe at the top of the page. If you are here is the Los Angeles area and would like speak directly with Phillip leave a comment and we will make it happen.