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Employers' Frequently Asked Questions

Q: How much do I have to pay my employees?

A: This depends on the employee. Generally, if the employee is not an executive, professional or supervisor, you must pay at least minimum wage. The federally mandated minimum wage was $5.15 per hour for ten years until Congress raised it on July 24, 2007, to $5.85. Two more 70-cent increases take effect on the same date each in 2008 and 2009. State law may require a higher minimum wage than the federal level, in which case the higher state wage applies. Some industries and special categories of employees may fall under minimum-wage exemptions.

Q: Can I fire an employee for any reason?

A: Most states recognize at-will employment, meaning that, in most circumstances, an employee without an employment contract to designate the term of employment can be fired at any time for any legal reason or for no reason. However, some jobs are covered by employment contracts requiring that employers have legitimate reasons for employee terminations.

Southern California Employment Law Information

With over 60 years of combined experience, our attorneys and staff at the office of Collins & Bellenghi, LLP, offer business clients comprehensive representation in a wide variety of employment law matters. We take our practice very seriously and are committed to tailoring our services to suit the requirements of your employers. Our firm prides itself on being one of the first and most respected minority-owned law firms in Orange County and have earned an exceptional reputation throughout the legal and local communities.

The content below is designed to enhance your knowledge about general employment law matters for employers. To discuss your specific situation with a lawyer at our office, please contact our firm today. We look forward to speaking with you.

Employment Law from an Employer Perspective

An employer must be cognizant of state and federal laws that govern employee hiring, compensation, treatment and termination. If you are an employer facing legal issues in any aspect of employment, consult an employment law attorney at our firm for guidance.

Anti-Discrimination Laws

Many legal matters arise in the hiring of new employees. Of course, one of the most important areas of concern is to ensure that all hiring decisions are made for legitimate, job-related reasons not involving illegal discrimination. Broadly, federal law forbids discrimination in employment based on race, color, national origin, gender, religion, age, disability, military service or veteran status, union affiliation or citizenship. Your state and local laws may add protection to other classifications, such as sexual orientation. To show compliance with anti-discrimination laws, the reasons for hiring or rejecting a job candidate should be well documented.

Hiring

Employers must comply with a myriad of federal and state hiring laws. If you are an employer, the counsel of a knowledgeable employment law attorney at our firm can help you proceed safely through the hiring process.

Compensation

If your business has employees, it is in your best interest to retain an experienced and skilled employment law attorney. Federal and state employment laws concerning wages and overtime are complex and impose significant responsibility on employers.

Family and Medical Leave

Federal and some state laws provide certain employees with rights to take leaves from work during specific life events. Employers must understand the details of these legal leave requirements to ensure proper application to eligible employees. For assistance with legally mandated employment-leave issues, consult a knowledgeable employment lawyer at our firm.

Termination

An employer must proceed cautiously when terminating an employee from his or her job. An employment law attorney from our firm can advise you about the impact of federal and state laws, as well as employment contracts and collective-bargaining agreements, on employee discharge.

Resource Links for Employers

United States Department of Labor
The Web site of the US Department of Labor (DOL) provides a wealth of information about government regulation of employment matters, such as wages, benefits, job conditions and hiring.

United States Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) is the federal government agency charged with enforcing laws against illegal discrimination in employment.

USERRA Advisor
DOL's information pages for employers and employees about legal requirements in the nonmilitary employment of military personnel.

ForEmployers.com
Information for employers about hiring persons with disabilities.

Immigration and Nationality Act Compliance Assistance
DOL employer advice about hiring foreign workers.