The Odds of Preventing Employer and Employee Conflict

When someone’s services are engaged by another, an employer-employee relation exists between them. This is granting that the person whose services are engaged is not an independent contractor.

Knowing the existence of this relationship is vital in cases of withholding of income and withholding of taxes. If an employer-employee relationship exists, an employer is entitled to withhold income and taxes from the employee. Otherwise, the employer has no obligation to withhold the same.

Moreover, the presence of such relationship enables the employee to acquire certain rights that other people not in the same footing cannot enjoy.

An employee has all the right to inform the employer of his or her grievances at work, with a co-employee or with the employer regardless of the type of employment – regular, probationary, casual, etc.

In the State of California, the employer must consider various issues. These issues are discussed in this article.

Employer’s Consideration

Being an employer in Los Angeles entails huge responsibilities. Employers have to see to it that federal and state laws are complied by them. Otherwise, their omission would lead to punishment.

The following are some laws that an employer would have to consider to maintain a smooth relationship with the employee:

• Laws on Wage and Hour

  Rules on wage and hour are regulated by the California Labor Code and the Federal Fair Labor Standards Act (FLSA). The three categories that are often violated by employers are the wage and hour requirements on:

  • wages
  
  
  • overtime wages
  
  
  • minimum wage requirements

  With regard to breaks, an employee, specifically, a non-exempt one must time in and out during mealtime. Meal breaks must be for at least thirty minutes. It is given to an employee prior to working a total of five hours.

  In addition, an employee must be given two ten minute breaks - the first in the first 4 hours of their work and the other one during their other shift. These breaks are compensable.

  Working during meal breaks is unlawful if the purpose is to leave work early despite the concurrence of an employee.

  Just like any other else, if an employee works for more than 8 hours a day, an overtime pay is given.

• Consolidated Omnibus Budget Reconciliation Act (COBRA)

  COBRA is a federal law that permits employees to maintain their insurance benefits at their expense. Employees are entitled to this benefit for 18 months regardless of the kind of termination provided that the employer has in its employ 20 or more employees.

  To be eligible for continuing coverage, the employee must prove the existence of a qualifying event that lead to the loss the health coverage. The qualifying events are as follows:

  1. The employee must have been terminated, voluntary or involuntary, for reasons except gross misconduct
  
  
  2. Employee’s number of work must have been reduced
  
  
  3. For spouses, employee losses coverage due to no. 1 or 2
  
  
  4. Employee has been qualified for Medicare
  
  
  5. Covered employee is divorced or legally separated
  
  
  6. Covered employee dies
  
  
  7. For dependent children, loss of a parent-spouse’s coverage due to reasons no. 4, 5 or 6
  
  
  8. Dependent child’s loss of status