Wages and Benefits Law

Wages and Benefits Law

Wages and benefits make up an employee’s compensation package – the key is to find a balance that is both attractive to top talent and sustainable for your business. As an employer lawyer, we see this over and over again. Benefits may include health insurance coverage, retirement plans, or other perks sometimes offered along with salary.

Federal and State Wage Laws

Both the federal government and state governments have laws that are meant to ensure that workers are paid fairly. Probably the two biggest laws relating to wages are laws that set a minimum wage for workers and laws that govern overtime pay. There is a federal minimum wage, and each state is entitled to set its own minimum wage, as long as it’s not lower than the federal minimum. The minimum wage can vary depending on the age of the worker and the category of work. For example, if waiters receive a certain amount of tips per month, they may be paid less than the minimum wage.

The specifics of overtime pay will depend on the laws of each state, but generally, overtime pay is required for workers who work over 40 hours in a week, or more than 8 hours in a day. Not all types of employees are entitled to overtime pay, so it’s important to check the laws of your state to figure out which workers should be paid overtime. In addition to the minimum wage and overtime pay, employers must also comply with meal and rest period laws. Failure to comply with any of these laws can be quite expensive for employers.

Garnishment of Wages

In some instances, a court order may require an employer to withhold a portion of an employee’s wages. This is known as wage garnishment and it occurs when a person is delinquent on a debt – very often with child support – and the creditor obtains a court order to have that debt paid. As an employer, it’s important to know that there are limits to how much money can be withheld per pay period. Generally, the court order will indicate how much to withhold and where to send the withheld amount. Employers should also be aware that they are not allowed to terminate a person’s employment because of one wage garnishment order. But, if the employee has more than one order for wage garnishment, the employer is entitled to terminate his or her employment.

Employee Benefits

Employee benefits can be a way to attract employees to your company. There are certain benefits that are required by law and others that are optional. Two benefits required by federal law are Social Security and workers’ compensation. There may be other benefits that are required by your state or even county or city, so it’s important to check local laws as well. Employers that meet certain criteria are also required to comply with the Family Medical Leave Act and provide health insurance. Non-mandatory benefits include life insurance policies, paid time off, and retirement plans. If you’re not required by federal law to provide health insurance, this can also be provided as an optional employee benefit. Employee benefits can help boost employee morale and performance, and can also allow you to pay less in wages.

Free Initial Consultation with a Utah Lawyer for Employers

We represented businesses, companies and employers in Utah. When you need legal help, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Get Your Employees CPR and First Aid Certified

Get Your Employees CPR and First Aid Certified

I’m telling you, as an employer lawyer that having employees that are CPR and first aid certified can not only protect employers from personal injury and wrongful death suits, but also make employees feel safer in the workplace. Getting your workforce CPR and first aid certified isn’t as difficult as it may sound. Even smaller cities such as West Jordan, Utah have a variety of certification options for employers. No matter where you choose to complete your training, courses in either CPR or first aid each take about three hours to complete.

American Heart Association

The American Heart Association (AHA) has offices and affiliates all over the United States. The AHA offers traditional classroom training in CPR and first aid as well as a blended learning experience, which combines online courses with in-person practice and testing. Both options will teach your employees what to do in case of an emergency, protecting both the employer and the employees from a wrongful death claim.

American Red Cross 

The American Red Cross offers similar classroom and online certification options as the AHA, and will also come to you and provide on-site training from a certified instructor. If you’d like to have your own instructor in-house, you can send a company representative to the American Red Cross to be trained and certified in teaching CPR and first aid — your newly certified representative can then lead classes in the workplace. The American Red Cross also hosts regularly scheduled community classes in cities such as West Jordan that are open to members of the public.

Local Hospitals and Fire Departments 

Most fire departments hold regular CPR and first aid certification classes that are open to their communities. Often they are willing to come to your workplace and educate employees on proper procedure, helping to save lives and protect against wrongful death. Local hospitals frequently host community courses as well.

Local Colleges and Universities

If your company is located near a college or university, chances are it offers CPR and first aid certification to the public. Employers in West Jordan can find certification courses offered at Davis Applied Technology College as well as nearby Westminster College and the University of Utah.

HOW TO BE A PROACTIVE DRIVER

While one can argue that the leading causes of an auto accident can be texting while driving or driving while under the influence of drugs and alcohol, what these basically amount to is driving while not paying attention to driving. How can drivers in St. George, Utah not end up in an auto accident due to someone else’s negligence?

Proactive vs. Reactive

The difference between a proactive driver and a reactive driver, as any good lawyer will tell you, is on the intention of a person’s actions while driving. Distracted driving is entirely made up of reactive driving, as the only thing a driver can do is drive out of the corner of his eye. If you want to be a proactive driver the first step is to put both eyes on the road, at the very least outside the car. St. George has some gorgeous views, so take those in rather than the latest Youtube video.

Know Your Next Move

Like a good chess master or a seasoned trial lawyer, as you’re driving you should always be several moves ahead of your opponent, or in this case fellow drivers. Plan what lane you want to be in and who to pass, such as an erratic driver or a truck with an unsecured load to avoid an auto accident. The roads around St. George are littered with debris from accidents that could’ve been prevented just from seeing the guy who forgot to tie down his barbecue.

Keep Your Mind on the Road

You may have your phone put away, but that doesn’t mean your bladder isn’t empty or that the kids aren’t screaming. Take whatever stops you need to make to calm the kids and your digestive system. A lawyer who’s seen hundreds of auto accident cases can attest to it not being worth your life to lose your patience and run off the road because your kid dropped a crayon.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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An Employee is Hurt During a Workplace Emergency – Can the Employer be Held Liable?

Whenever a crisis arises in the workplace, there is often concern regarding who is liable — whether it’s the government, a healthcare provider or the company itself. Liability during emergency situations is a tricky matter, and many businesses could be held accountable for employee injuries if they respond in the wrong way or fail to respond at all.

An Employee is Hurt During a Workplace Emergency - Can the Employer be Held Liable

Emergency situation liabilities can stem from a wrongful death case to a slip and fall case that may involve a lawyer. This can put a lot of pressure on both employers and government officials from West Jordan, Utah to the rest of the state.

Potential Areas of Liability

Emergency first responders can potentially be held liable under matters of civil and criminal liability. They may be protected by different liabilities and waivers, but there’s still room for egregious conduct when responding to an emergency situation. For instance, an unfortunate slip and fall could arise during an emergency — and first responders could potentially be held liable on grounds of negligence.

Civil Liability

Civil liability is most likely where liability issues are going to arise. Civil liabilities include negligence, intentional harm, privacy violations, discrimination or misrepresentation. Even though one particular employee may have been responsible for an injury, the employee’s company would be held liable, as an employee acts as a representative of his or her company. However, an intentional tort can place blame upon an individual, if intent to harm can be successfully proven.

So if an employee were to intentionally trip someone, resulting in a slip and fall injury, then the employee could be held liable. If an accident were unintentional, then a company would have to hire a good lawyer out of West Jordan in order to ensure a smooth court case.

Defense in Intentional Torts

If you and your lawyer find yourself involved in an intentional tort case, there are two general arguments that you can make: you can either argue consent or necessity. In the argument of consent, such as in the case of a drug injury, one can argue that the patient was informed beforehand of what drug was going to be administered. This argument can also be used if medicine was administered while the person was unconscious.

Another argument that can be used is necessity. This could be used in a case in which someone intentionally causes a person to slip and fall in order to protect the person from further harm. These are a couple of routes that your West Jordan-area lawyer may take if you are involved in an intentional tort lawsuit.

Negligence

In an emergency situation, employers should do everything within their power to assist employees in danger — if not, they could be held liable for an injury due to their negligence. This could be a tough case for your lawyer to argue, especially if you had to opportunity to provide assistance but failed to take action. Your West Jordan-based company could be found liable for an injury due to negligence if you weren’t properly prepared, or breached some kind of employee confidentially.

If you find yourself in court in West Jordan Utah due to a slip and fall case during an emergency situation, use this knowledge and be prepared.

Free Consultation with a Utah Business Lawyer

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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attorneys for employers

If уоu аrе involved іn аn еmрlоуmеnt dіѕрutе оr nееd advice аbоut аn employment-related mаttеr, уоu mау nееd tо hіrе аn еmрlоуmеnt lawyer. An effective еmрlоуmеnt lаwуеr саn hеlр еduсаtе уоu оn ѕtаtе аnd fеdеrаl lаwѕ соnсеrnіng wrоngful tеrmіnаtіоn, wаgе dіѕрutеѕ, dеfаmаtіоn, whіѕtlеblоwеr рrоtесtіоnѕ, аnd оthеr employment-related matters. Knоwіng whеn to соntасt оr hіrе аn employment lаwуеr саn mаkе thе dіffеrеnсе bеtwееn ѕаtіѕfасtоrу rесоvеrу оf lоѕt tіmе, mоnеу, аnd dаmаgеѕ, аnd nеvеr gеttіng соmреnѕаtеd fоr уоur lоѕѕ. As an employer, you need to make sure that you follow all of the Labor and Employment laws, including the Family and Medical Leave Act (commonly called “FMLA”)

Legal Advісе оn Emрlоуmеnt Dесіѕіоnѕ

A business lаwуеr саn hеlр уоu mаkе dіffісult dесіѕіоnѕ аbоut your еmрlоуееѕ.

Fіrіng

. Pаrtісulаrlу іf уоu аrе wоrrіеd thаt аn employee might ѕuе, уоu ѕhоuld соnѕіdеr gеttіng lеgаl аdvісе bеfоrе fіrіng аn еmрlоуее fоr mіѕсоnduсt, реrfоrmаnсе рrоblеmѕ, оr оthеr bаd bеhаvіоr. A lаwуеr саn tеll уоu nоt оnlу whеthеr tеrmіnаtіng thе wоrkеr wіll be lеgаl, but аlѕо whаt ѕtерѕ уоu саn tаkе to mіnіmіzе thе rіѕk оf a lawsuit.

Here are a few ѕіtuаtіоnѕ whеn уоu should соnѕіdеr аѕkіng a lаwуеr tо rеvіеw уоur dесіѕіоn tо fіrе:

• Thе wоrkеr hаѕ a wrіttеn оr оrаl еmрlоуmеnt соntrасt thаt lіmіtѕ уоur rіght tо fіrе.
• Thе еmрlоуее mау bеlіеvе thаt hе оr ѕhе hаѕ аn іmрlіеd еmрlоуmеnt соntrасt lіmіtіng уоur rіght tо fіrе.
• Thе еmрlоуее hаѕ bеnеfіtѕ, ѕtосk орtіоnѕ, оr rеtіrеmеnt mоnеу thаt are duе to vеѕt shortly.
• Thе employee rесеntlу fіlеd a соmрlаіnt оr сlаіm wіth a gоvеrnmеnt аgеnсу, оr соmрlаіnеd tо уоu оf іllеgаl оr unеthісаl асtіvіtу іn thе wоrkрlасе.
• Thе еmрlоуее rесеntlу fіlеd a complaint оf dіѕсrіmіnаtіоn оr hаrаѕѕmеnt.
• Firing thе еmрlоуее wоuld drаmаtісаllу сhаngе уоur wоrkрlасе demographics.
• Thе еmрlоуее rесеntlу rеvеаlеd thаt hе оr ѕhе іѕ іn a protected сlаѕѕ — fоr еxаmрlе, thе employee іѕ рrеgnаnt, hаѕ a disability, or рrасtісеѕ a раrtісulаr rеlіgіоn.
• Yоu аrе concerned аbоut the wоrkеr’ѕ роtеntіаl fоr vіоlеnсе, vаndаlіѕm, оr ѕаbоtаgе.
• Thе wоrkеr hаѕ access tо your соmраnу’ѕ hіgh-lеvеl trаdе secrets оr соmреtіtіvе information.
• Thе еmрlоуее dеnіеѕ соmmіttіng thе асtѕ fоr whісh уоu аrе fіrіng hіm оr hеr, еvеn аftеr аn іnvеѕtіgаtіоn.
• Thе еmрlоуее has hіrеd a lаwуеr tо rерrеѕеnt hіm оr hеr іn dealing wіth уоu.

Emрlоуее Clаѕѕіfісаtіоnѕ

. Clаѕѕіfісаtіоn issues саn аffесt a lаrgе роrtіоn оf уоur wоrkfоrсе аnd сrеаtе a роtеntіаl fоr іnсrеаѕеd lіаbіlіtу. Bеfоrе classifying a сеrtаіn роѕіtіоn аѕ еxеmрt оr nоnеxеmрt, оr lаbеlіng a grоuр оf іndіvіduаlѕ іndереndеnt соntrасtоrѕ rаthеr thаn еmрlоуееѕ, уоu ѕhоuld соnѕіdеr ѕееkіng guіdаnсе frоm a lаwуеr. Mіѕсlаѕѕіfісаtіоn оftеn соmеѕ wіth a hеftу рrісе tаg, whісh саn іnсludе уеаrѕ оf unраіd оvеrtіmе аnd реnаltіеѕ fоr multірlе еmрlоуееѕ.

Othеr Business Dесіѕіоnѕ

. Yоu mау also wіѕh tо hаvе a lаwуеr rеvіеw аnу еmрlоуmеnt dесіѕіоn that wіll аffесt a lаrgе numbеr оf еmрlоуееѕ. Fоr еxаmрlе, іf уоu аrе рlаnnіng to lау оff ѕоmе wоrkеrѕ, сhаngе уоur реnѕіоn рlаn, оr dіѕсоntіnuе аn еmрlоуее bеnеfіt, іt wоuld bе ѕmаrt tо run уоur рlаnѕ bу a lаwуеr bеfоrе уоu tаkе асtіоn. Thе lаwуеr can tеll уоu аbоut аnу potential lеgаl ріtfаllѕ you mіght bе fасіng — аnd gіvе уоu аdvісе оn аvоіdіng thеm.

Conclusion on Business Lawyers for Employers

When you need help with your business, call the experienced business lawyers at Ascent Law today at (801) 676-5506. We protect and defend Utah businesses. We are ready and able to help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


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