Labor and Employment: Steps in Making an Employee Manual

An employee manual serves as a guide for both the employee and employer. More than the policies and provisions of the company, it should also include state and federal regulations regarding employment. The creation of employment manual should be handled with care as it concerns legal obligations. Along with these steps, having employment lawyers Los Angeles review the manual should also be considered when making or redoing an employee handbook.

1. Establish the purpose of the employee manual. Will it provide answers to every question about employment that the employees want to know, or will it serve merely as a “framework,” addressing major points but leaving out some of the details, which is better if the company has a large workforce? The latter type is good when it comes to employer-employee communication since this will prompt employees to approach the human resources instead.
2. Build a committee for this project. Choose the people who would make up the committee wisely. A representative from each area of human resources should be a part in making an employee manual, including those who are specialists in benefits, payroll, training, and recruitment.
3. Each member of the committee from the HR should handle a specific portion of the manual, preferably based on their specialty. Schedule meetings for discussions and deadline for drafts. Make sure that all of the members have input during discussions.
4. Ask for the support of the company’s officials in this project. Explain to them the why a new employment manual is needed and the advantages that the company can get from it, especially if it includes some changes in the company’s standard operating procedures. Any changes in SOPs that affects the full workforce have to be supported by the company’s heads.
5. Let the employees know beforehand if there are changes in the manual that should be expected. This will help them understand and cope with the changes immediately.
6. Schedule the launch of the new manual as well. It’s a great idea to present the new employee manual along with the creation of other HR policies, if there are any. That way, the new policies can be included on the new manual too.
7. Once the manual is finalized, share it with the company’s executive board and have them evaluate it. The employment manual can only be distributed if the committee and heads approve the final version. It is better to give the manual during a staff meeting so that the employees have time to review and ask questions regarding the changes.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Employment and Labor: Preventing Retaliation

Disagreements among employees are common in the workplace especially if their opinions in work clash. However, some employees, and even the employers, resort to retaliation in extreme cases, which should not be the case. 

Retaliation creates unpleasant atmosphere in the workplace and can even affect the performance of the employee being retaliated. Worse, this may lead to claims, which can be avoided by the employer through a number of ways.

• The most important way is to understand the law that prohibits retaliation. Federal and state laws may differ in terms, but it is important for employers and employees to know all of them. This is the easiest way to avoid doing what is forbidden.

• The employer should establish or adopt a policy against retaliation or other misconducts that may lead to it (e.g. harassment or discrimination). It should define what retaliation is and underscore its zero tolerance policy. Procedures for filing a complaint should also be included.

• Communicate with the employees to let them know that their retaliation complaint is taken seriously. Ask them about the hostile or negative conduct that happened. Don’t forget to thank the employee for his information to know that the complaint was well-received.

• If possible, have a constant communication with the employees about the work environment to identify early on if retaliation could possibly be happening.

• Keep reports of retaliation confidential. Tell only the people who absolutely need to know about it, but explain to them that retaliation would not be tolerated. The fewer the people who know about it, the lesser the chance of retaliation could happen.

• Have an effective and unbiased complaint procedure and an early warning system. An employee who files a retaliation complaint expects quick action, but employers have to assure that there’s a procedure that can help resolve the problem. Explain any delays that may happen as well.

• Everything that can be used as evidence on the claim should be put in writing and documented. The complaint itself, conversations with concerned employees, actions taken to resolve the incident, letters or memos sent to the people involved, and even evaluation documents should all be kept.

• Supervisors, managers, and all human resources personnel should be trained on how to be aware about the presence of hostility in the workplace. They should also know how to handle retaliation and other claims.

• There should be a sufficient time period between the claim and any disciplinary actions that the employer want to impose.

• Consult your Los Angeles employment lawyer and have them evaluate the company policy created or have them review any of the complaints.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Personal Injury: Issues on Product Liability Law

Individuals, groups, and all entities have a “duty of care” to other individuals, groups, or entities. This means that everyone has an obligation to act in a proper manner so as not to cause danger or injury to another. Failure to do so may entail a legal obligation, especially if negligence is involved.

Product Liability Law

Manufacturers of different goods and services also have this duty of care, mainly directed to their consumers. Their failure to abide by this standard may result to Product Liability claims. Product liability states that under tort law and terms of contract, the producer of the goods are liable for any injury suffered by their consumers.

The legal basis for product liability may be negligence, strict liability, or breach of warranty. Although in general, product liability is considered as strict liability as well, because the wrong lies on the defectiveness of the product, not on the manufacturer’s neglect. Therefore, whether or not the manufacturer was careful is irrelevant, since it was the defect that caused harm.

In order to have a valid product liability case, three elements must be present: First, the product that caused harm must have a defect. Second, the defect existed when the product left the manufacturer’s control. Lastly, the defect posed risks and eventually caused injury to the consumer.

Defective Products and Liability

Recent recalls of vehicles made people associate defective products just with cars. However, a defect can be present in virtually any manufactured product. Aside from defective car parts, children’s toys, appliances, electronic gadgets, and even medicines can have flaws, which can be manufacturing, design, or marketing-related.

A product liability claim can be filed against every person or entity involved in the production of the flawed product. Personal injury liability may be directed at the manufacturer, distributor, assembler, supplier of raw materials, and even the retailer or the store that sold the product.

Avoiding Product Liability Claims

Even if the defect on the product is present, consumers and retailers can do something to avoid facing a product liability lawsuit. The easiest way is to regularly check news from the Consumer Product Safety Commission about any recent product recalls. The following information regarding the product should be noted.

•        brand name

•        hazards

•        location of manufacturer

•        manufacturing company

•        product description

•        recall dates

•        type

•        Universal Product Code, if available

Plaintiffs can recover damages for medical expenses, hospital bills, lost wages, pain and suffering, and other expenses if their product liability claims are successful.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

FAQs on Uninsured Motorist Coverage

What is Uninsured Motorist coverage or clause?

Uninsured motorist coverage or clause is a term in a car insurance policy which gives right to a policy holder to receive damages from the uninsured and negligent driver who caused the accident. 

The insurance company will pay the remaining amount left of the damages that the uninsured driver cannot pay. UM coverage usually pays for the injured person’s medical bills, lost wages, pain and suffering, and loss of earning capacity.

Who is covered by UM?

The covered individual depends on what the definition of “insured” is on the policy. Usually, there are three classes of people that UM coverage protects:

• Class 1 – The insurance holder himself and the family members.
• Class 2 – Other authorized car occupants.
• Class 3 – People related to the insured that were also injured on the accident with the uninsured driver.

The people who fall on each class may also depend on state laws.

Is UM required?

In states like Illinois, Maryland, and New York, the purchase of UM is mandatory; in most states however, it is not. The limit for UM payments must conform to the state minimum, but it should not exceed the insured person’s liability limits. A policy holder should not try to settle payment with the uninsured driver, unless he prefers not to file a claim for UM protection.

Who are uninsured motorists?

Like the people protected by UM, there are also three categories for motorists who are considered uninsured:

1. People who are protected by liability coverage for the vehicle they are driving.
2. Hit and run drivers are considered uninsured under its provisions since they left the scene of the accident without providing information about themselves to the other party involved. However, if someone can identify them through a license plate, the insurance company may see this as sufficient information, which can lead to denial of UM claim.
3. The third category, which only applies in some states, is called an underinsured motorist. An underinsured driver has liability coverage for his vehicle, but its dollar amount is less than the dollar amount of the victim's UM coverage.

Does UM insurance only apply when the other driver has no insurance?

UM insurance can also be used in other situations; most common is when an insured person drives out of his state, and into another state that has lower limits for UM payments. If the insured driver meets an accident on that state, the law will try to force the policy from the state the driver is from to meet the minimum limit of the state where the accident happened.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

What are the Common California Labor Law Violations

California Labor law protects employees against employer violations. It specifies labor rights of employees and mandates employers to comply with the regulations.

Here are some of the most common California labor law violations:

1. Some employers misclassify workers as "exempt" to avoid giving overtime pay. The employer will give job titles as of an exempt employee even though actual job duties reflect more of a non-exempt. Employees can contest such misclassification and assert overtime pay.

Technical writers, salesmen, and workers who are on field-based work are often victims of misclassification.

 

Only professions which require key leadership roles and managerial duties (with at least two subordinates) can be classified as "exempt". 

Employees are entitled to a one and half times of usual rate for every hour worked in excess of eight hours a day or 40 hours per week. Also, employees are entitled to double pay for hours worked beyond 12 hours in a day. Employers are mandated to give double pay to employees who have worked beyond eight hours on the seventh consecutive day.

Employers are also mandated to give accurate wage rate as basis for computing the overtime hours. Employees can file a wage claim within three years from the date of employer violation.

2. Employees who are asked to continue work duties while having meal break. Employers are required by California labor law to provide undisrupted meal break. Employers who ask their workers to answer phone calls or perform related tasks while having their meal break are required to pay an hour's wage rate.

However, employees can choose to waive such right for a particular time.

Employees are entitled to a 30-minute meal break for every five hours of work. The employee can waive such right, if he/she has to render six hours of work only.

When the employee has to work for ten hours, he/she is entitled to two 30-minute meal break.

3. Employers refuse or fail to provide rest break. Some employers discourage rest break, which deprive employees from having a rest break. Such action constitutes a violation of California labor law.

Employees are entitled to a 10-minute rest period for every four hours of work. Though employees are not required to take rest break, employers can be penalized for discouraging entitlement to such right. Employers can face a penalty of an hour's wage for any day of violation.

Consult your Los Angeles employment lawyer to help you file a wage claim.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Military Leave under FMLA

The Family Medical Leave Act (FMLA) is a federal law that entitles qualified employees to reasonable unpaid leaves due to certain family and medical reasons. Under FMLA California, leaves can be taken in order to take care of a sick or injured family member, especially those who were active in military duties.

Eligibility

The FMLA covers all public agencies that have more than 50 employees who work for 20 or more workweeks in the current or preceding calendar year. These public agencies include state, local and federal employers, schools, private-sector employers, joint employers, and successors of covered employers. The eligible employee must have worked for at least a year or 1,250 hours in the current covered employer.

Military Leave Entitlements

• Military Caregiver Leave: A qualified employee who is the spouse, child, parent, or next of kin of a covered service member with a serious injury is given non-consecutive 26 weeks of unpaid leave during a single 12-month period. This leave is given to take care of the service member who has incurred a serious injury or illness in the line of duty which left him medically unfit to perform his tasks. The service member should be a current member of the Armed Forces, National Guard, or Reserves who is undergoing medical treatment, recovery, or therapy. He should be in outpatient status or on the temporary disability retired list. The single 12-month period will begin on the day the employee takes a leave for this reason and will end after 12 months regardless of the 12-month period established for other FMLA leaves. The remaining leaves may be used for other FMLA-qualifying reason, other than for the care of a service member.

• Qualifying Exigency Leave: Twelve weeks of unpaid leave during a normal 12-month period is given to eligible employees for qualifying exigencies, or if the employee’s spouse, child, or parent is out on duty, or has been ordered or called for duty to support a contingency operation. This is available to an employee who is a family of someone who is a member of the National Guard or Reserves. Family members of the Regular Armed Forces are not entitled for this leave.

In case of spouses who are employed by the same employer, the leaves will total to 26 workweeks in a “single 12-month period.” Valid reasons include care for the injured service member, birth and care of a newborn child, placement of a child for adoption or foster care, and care for a parent with serious illness. 

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Vehicle Safety and Defects: Are Segways Dangerous?

Segway Inc. has been struggling lately to expand their brand after first hitting the market in 2003.

However, aside from its steep price, there are also some questions about the safety of the personal transporter.

These safety questions became more glaring after the owner of Segway Inc., 62-year-old James Heselden,   was killed in a Segway accident in late September.

According to reports, Heselden was killed when he fell off a 30-foot cliff while riding his segway.

So the question remains, are Segways safe?

Well, the first key to understanding the Segway is to understand how it works.

Segways run through a design system that combines stabilization technology and propulsion mechanisms with an intelligent network of control systems..This allows the personal transporter to expertly adjust to the terrain while keeping the rider balanced in the platform.

However, as with any new and complicated technologies, a few major glitches have been discovered that could harm its riders.

Some of the safety concerns related to the Segway include:

• Software glitches
• Sudden acceleration
• Unintentional sudden stop
• Difficulty in controls.

In fact, two product recalls of Segway transporters due to two of the above defects have already been done.

The first one happened in 2003, shortly after the personal transporter was launched in the market. The recall was made due to complaints that the Segway suddenly stops once the transporter runs out of battery. This caused people to suddenly fall off from the personal transporter.

The second recall was made in 2006, where a software glitch caused the personal transporter to move in high speeds after the rider tried to move backwards. Again, this defect caused a lot of Segway fall accidents.

Due to these safety issues, Segway Inc. released some safety tips that can help you avoid these crashes.

This includes:

• Taking the 15-25 minute training given by the retailer to familiarize yourself with the transporter in a controlled environment.
• If you have mobility issues then it is recommended that you do not ride a Segway.
• You have to be 16 and above to ride a Segway; riders below 18 needs to be monitored by a parent or guardian.
• Be aware of the speed limiter
• Discontinue riding once you get a low battery alert
• Avoid aggressive riding

If you have been injured in a Segway accident, consult with an aggressive los angeles personal injury attorney to know your legal options.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Assuring Baby’s Safety in a Drop-Side Crib

Last June, the U.S. Consumer Product Safety Commission (CPSC) announced the voluntary recall by seven manufacturers of around two million cribs due to drop-side hazards and other dangers. The recalling firms provided consumers with free repair kits, which are actually drop-side crib immobilization kits that will prevent the drop-side from detaching. Covered by the recall are the units manufactured between 2000 and 2009 by the following companies:

• Child Craft
• Delta Enterprise Corp. of New York, NY
• Evenflo of Miamisburg, OH
• Jardine Enterprises of Taipei, Taiwan
• LaJobi of Cranbury, NJ
• Million Dollar Baby of Montebello, CA
• Simmons Juvenile Products Inc. of New London, WI

Aside from the immobilization kits, replacement hardware and assembly instructions for cribs will also be added. These materials should be requested by the consumer. However, the immobilization devices are not the solution for cribs with damaged drop-side hardware.

Many cribs, especially those with drop-sides, have been recalled over the past five years. However, it seems that the problem still persists. In October 2010 alone, a lot of cribs by different manufacturing companies have been recalled.

• Victory Land Heritage Collection 3-in-1 cribs, Ethan Allen drop-side cribs, and Angel Line Longwood Forest cribs: The drop side can malfunction, detach or fail. This causes a gap between the side and mattress which can entrap, strangle or suffocate the baby.
• Alexander Designs drop-side cribs, 3-in-1 Crib, Classic Crib, and Sleigh Crib: The company’s cribs sold at JC Penney were recalled because the drop-side hardware break or fail, causing the drop side to detach from the crib. This creates a gap where a baby can be entrapped or wedged.

In order to avoid the inconvenience brought by recalls, there are some ways parents can verify the safety of their chosen crib according to CPSC.

• Determine first if the crib has been recalled before or not.
• Look for the safety certification seal.
• Mattress support is securely attached to both headboard and footboard.
• The corner posts are 1 and 1/6 inch high.
• The drop-side latches cannot easily be released by the baby. It should be held and raised securely on the side.
• The mattress fits just right. The space between the edge of the mattress and the side of the crib is at least two-fingers wide.
• The slats must be placed at least 2 to 3/8 inches apart.
• There are no missing, loose, or cracked slats.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Wrongful Death Legal issues on Physician-Patient Privilege

States generally implement Physician-Patient privilege on wrongful death cases to maintain confidentiality about the patient's medical records. The physician can only disclose it, if he/she has a written consent from the patient. This medical privacy poses some concerns in litigating a wrongful death case, involving medical malpractice. 

When the patient dies, the surviving family member can have a hard time retrieving the medical records from the attending physician. 

However, some states implement exception to the physician-patient privilege rule. These states allow the surviving family members and the decedent's lawyer to obtain the medical records. 

These medical records are crucial in serving as an evidence for a potential medical malpractice wrongful death charge. 

Because of the value of such medical information in proving the negligent act of the physician, some states implement these rules:

1. The medical records can only be disclosed to a doctor or hospital representative. The decedent's lawyer cannot access such files. Legal issues arise on disclosing such medical information when the lawsuit has been filed in court. 
2. In some states, surviving family members and the lawyer can retrieve the medical records when the decedent has given a written consent for such disclosure. The permission must have been given during a personal injury litigation, or before the actual death. 

When the surviving family members (distributees) and the lawyer have a written consent to medical information, such right can be carried on to the wrongful death suit. 

For example: The head of the family suffered serious injuries in a car accident. He/she gave a written permission to the lawyer to retrieve medical records as evidence for the personal injury case. If the head of the family dies, the lawyer can use such permission to retrieve additional medical information as evidence for the wrongful death case.

The distributees can assert damages for the death of a loved one. Such damages are often referred to as pecuniary loss. It includes loss of consortium, loss prospect of future inheritance, infliction of emotional distress, and medical and funeral expenses.

The plaintiff will have to prove that the physician made a negligent act, causing the death of the person. The medical records can be used to prove such allegation. The plaintiff can also hire expert witnesses to substantiate the case. 

The plaintiff has a maximum of three years to file the medical malpractice wrongful death lawsuit. If the plaintiff has found the evidence after the time limit, the “discovery rule” can be used to assert exception. Discovery rule states that the statute of limitation time starts only upon the detection of evidence. 

Consult with a Wrongful death attorney in Los Angeles to help you file the lawsuit. 

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Tips on how to protect your status as an Independent Contractor

Working as an independent contractor has several advantages: It gives you maximum control over the affairs of your own business, flexibility on time, and huge profits. Add to this is the fact that you do not have to pay monthly taxes and are allowed to declare deductions.

However, the Internal Revenue Service (IRS) sets standards for classifying independent contractors. Failure to meet these criteria can lead to reclassification as employee.

Reclassification as an employee may cause you to lose your chance to declare deductions on your office equipment purchases or facility investments. Also, you might lose a current client because it doesn’t want to cover for the additional expense of hiring you as an employee.

If you are determined to preserve your status as an independent contractor you may follow these tips:

1. Maintain full control over the affairs of your business. This helps you show the IRS that you are in full command on the day-to-day activities in your work. Set your own procedures and process for completing projects. You may accept expectations from the client, but make sure you set the course for fulfilling such demands.
2. Do not accept training from client.
3. Set your own working hours. Make sure that you gain control over your time and how you meet the client's deadline.
4. Have your own office and limit doing the tasks within the client's premises.
5. Hire your own assistants to help complete the project.
6. Show that you can earn or suffer loss from a business transaction. Show that you have regular business expenses such as office rent, payment of salaries, and investment on facilities.
7. Charge your clients per project rather than per hour. Show that the price for such project can determine your profit or loss.
8. Obtain license permit for your business or profession
9. Have your business maintain its own bank account
10. Purchase insurance policy for your business
11. Advertise your business services to public
12. Maintain several clients throughout the year
13. Use written agreements. Specify that you are an independent contractor and indicate the terms and conditions of such business relationship. Include details on how much you will be paid for the project or services. This serves as a proof when the IRS verifies your independent contractor status.

Consult with a Los Angeles Business Attorney to learn more on how you can protect your independent contractor status.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.