Understanding and complying with the regulations set forth in California is essential to running a successful business. Often, this is easier said than done, especially considering the already full schedule of most business owners. Running a business is undoubtedly time-consuming and laborious, but employers have a duty to ensure regulatory compliance at every level. Vanegas Law Group provides comprehensive employment law counseling and regulatory compliance services to businesses across industries. A major component of our practice is working with businesses to mitigate the risk of unforeseen legal issues and providing guidance on the relevant laws, rules, and regulations. By ensuring full and complete compliance, our clients are better able to avoid costly legal proceedings and financial consequences. To speak with an experienced employment attorney, contact us at (925) 937-5433 today.
What Do We Do?
Employment law counseling and regulatory compliance is an exceedingly important area of focus for employers of all sizes. Federal, state, and local law sets forth a variety of different rules and regulations that must be adhered to in order to avoid litigation and financial penalties. Employment law is subject to change, however, and is often updated to grant further rights or reflect new legislation.
Due to the dynamic nature of employment law, we offer a variety of services to our clients to ensure compliance on a range of topics, including:
- Anti-discrimination and harassment guidelines
- Employee contracts and agreements
- Policy handbooks and severance
- Protected leave laws
- Disability issues and accommodation
- Hirings and terminations
- Employee misconduct investigations
- Worker Adjustment and Retraining Notification (WARN) Act compliance
- Workplace restructuring
- Drug testing policies and workplace privacy issues
- Wages, compensation, and overtime
- Workplace safety standards and OSHA compliance
- Confidentiality and noncompete agreements
- Data privacy and breaches
- Personnel policy audits
As a leading employment law counseling and regulatory compliance firm, Vanegas Law Group helps employers draft air-tight agreements and implement documentation to protect their company and their employees. We work with businesses to tailor their policies and procedures in order to reduce the risk of issues, complaints, and legal actions. In doing so, we have helped save companies hundreds of thousands of dollars in compliance-related penalties.
Employers who are equipped to manage a wide variety of employment situations are better able to focus their attention on growing and scaling their business. It is becoming exceedingly important for businesses to understand employment law and compliance issues. In neglecting such issues, employers leave themselves vulnerable to unnecessary legal and financial consequences that can greatly hinder their business activities.
Counseling and Training
Our team of dedicated employment law counseling and regulatory compliance attorneys provide the counsel and training necessary for business owners to mitigate risk within their companies. Many business owners are not aware that they are violating regulatory compliance protocols and are vulnerable to expensive and time-consuming pitfalls. A major area of our practice involves providing general counsel and training regarding issues that exist in business owners’ blind spots. By taking into account the goals and objectives of our clients, we are better able to identify areas of opportunity and advise entrepreneurs on how to approach issues of non-compliance.
At Vanegas Law Group, we perform comprehensive workplace audits to assess current operations and provide a full-scope view of challenge areas and non-compliance issues. Workplace audits are a valuable tool used to evaluate a business’s compliance with local, state, and federal laws. Through auditing, we also advise business owners on how to optimize their processes and operations to reflect regulatory compliance and improve overall workplace culture.
An employment agreement is a contract used to define the terms of a business relationship between an employer and an employee. These agreements are legally binding and, as such, must be carefully crafted to avoid potential disputes and foreclose legal issues. Employment agreements are used to define the responsibilities and obligations of all parties involved. They can be used to merely confirm salary and compensation, describe the job functions, and outline employee benefits. However, when fully leveraged, employment agreements can be used to present other legally binding terms that protect the business, such as:
- Confidentially and non-disclosure requirements
- Non-compete clause
- Non-solicitation clause
- Work for hire clause
- Agency provisions
Thus, employment agreements can be incredibly powerful and can be used to protect employers from undue risk associated with employee actions. Throughout our practice, we have drafted a range of employment agreements that reflect the unique goals and ethos of a company. We also have the additional benefit of litigation experience, from which we gleaned the insight into how these provisions play out in case a dispute emerges between the parties.
The compensation granted to executives is an incredibly important aspect of a company’s business strategy. This is largely due to the fact that executive compensation can be used to incentivize company success by adjusting payout amounts depending on the overall performance of the business. If the business underperforms, executives may receive a smaller payout then they would if the business was flourishing. It is for this reason that drafting air-tight and thorough executive compensation agreements is essential for the long-term success of business.
Employee Classification Analysis
As it applies to employment law counseling and regulatory compliance, performing an employee classification analysis can be valuable. Positions are classified based on the duties and responsibilities set forth in the written job description. Maintaining holistic and accurate job descriptions is critical, as these descriptions (as well as the actual duties performed) and the supervisory structure of the position set the foundation for pay and work expectations. Together, the job duties, the position structure, and the wages paid to the employee determine whether or not an employee is exempt or nonexempt from overtime laws. The job descriptions are also invaluable as they establish performance evaluation criteria.
Performing regular employee classification analyses is essential for ensuring that job descriptions and the resulting classifications are accurate and up-to-date. In our employee classification analysis, we assess a business’ structure and job descriptions, adjusting where necessary. Through this process, businesses glean a more accurate purview of their employees’ duties and ensure that all positions comply with employment law and regulations.
How Can Businesses Improve Their Regulatory Compliance?
One of the most common questions that we receive from business owners and executives is how to better improve their regulatory compliance practices. No two businesses are exactly alike, meaning that compliance issues differ across industries, and depend upon company size and structure. There are across-the-board patterns that arise, however, and some helpful compliance related considerations include:
- How often do you conduct compliance audits or checks?
- What is the scope of compliance-related training for employees, supervisors, and managers?
- Are employment and disciplinary standards accessible to all employees?
- Are disciplinary matters handled impartially and equitably?
- What is the process for monitoring and assessing compliance?
- Is regulatory compliance being compromised by revenue interests?
- Does the business’s leadership team understand, prioritize, and enforce compliance practices?
How Can Vanegas Law Group’s Employment Law Counseling and Regulatory Compliance Attorneys Help Your Business?
Through careful strategizing and a full understanding of employment law and regulatory compliance, it is possible to avoid costly lawsuits, business disruptions, and other adverse financial consequences. To avoid such issues, however, businesses must put in place policies and protocols to maintain compliance. This is particularly important as the company grows and scales their operations.
Vanegas Law Group is dedicated to helping employers ensure compliance and, in turn, the longevity of their businesses. We work alongside business owners, managers, and executives to identify compliance issues and implement new strategies to avoid future pitfalls. Through our years and breadth of experience in various employment law counseling and regulatory compliance matters, we can lend our considerable expertise to benefit our clients. To learn how we can conduct a compliance assessment for your business, contact Vanegas Law Group at (925) 937-5433 and schedule a complimentary consultation.