Wage and Hour
Wage and hour laws are confusing and frequently shifting. Employees and employers are rarely familiar with current regulations and how to interpret them. Risa works with both employees and employers to address:
Contracts
Employment contracts can take a variety of forms, from an agreement that outlines an "at-will" employment relationship, to a contract creating an independent contractor relationship. Prior to signing (or asking someone to sign) any contract, it should be reviewed by an attorney to ensure you understand the terms and the relationship you are creating. Risa helps employers, employees and independent contractors draft, review and negotiate contracts so that they are accurate, enforceable, and beneficial to her clients.
Discrimination and Harassment
An employee may not be terminated or harassed because of their membership in a protected class. Protected classes include race, sex, age, national origin, marital status, disability, religion, sexual orientation and other groups of individuals defined in state or federal laws. But, the simple fact that an employee is treated unfairly or differently than his/her co-workers does not necessarily mean the employee has a legal claim - the different treatment must be because of the employee's membership in a protected class. Risa works with both employers and employees to address discrimination and harassment. When working with employers, Risa helps the employer build work-place practices and policies that will keep the company compliant with state and federal law and that will foster an inclusive workplace environment. When working with an employee, Risa helps the client determine if they have a legal claim against their employer, the best way to resolve that claim, and advocates for the employee's rights. By working with both employees and employers, Risa brings extensive experience, a unique perspective and a creative approach to employment disputes.
Retaliation
It is illegal for an employer to treat an employee poorly or retaliate against them for reporting unlawful behavior. Retaliation can include termination, changing an employee’s schedule, demotion, and unwarranted poor performance reviews. These wrongdoings are only legally actionable under a retaliation claim if it is in response to a complaint or report of illegal behavior, such as race discrimination or sexual harassment. If an employee complains to his/her employer about behavior which is not illegal (e.g., a conflict with a co-worker about the person’s management style) and is then treated poorly, there is no legal claim for retaliation. Risa works with both employees and employers to assess and address retaliation claims.
Whistleblower
Employees may have a whistleblower claim if they experience retaliation or discrimination when reporting an unlawful employment practice. Similar to a basic retaliation claim, a case for whistle blowing can be made when an employee reports this information to an outside agency instead of reporting the complaint internally. There are federal and state laws which protect whistleblowers for reports ranging from safety violations to discrimination. Risa works with employers to develop and implement healthy employment policies which prevent whistleblower complaints in the first place. When representing an employee, Risa works to ensure the employee's rights are protected.
Non-Compete Agreements
A non-compete agreement is an arrangement made between employer and employee that activates at the time of termination. If a non-compete agreement is signed, the employee is unable to provide products or services similar to those distributed by the employer. Because these agreements restrict the employee’s ability to work, they have strictly enforced legal requirements. Prior to signing (or asking someone to sign) a non-compete agreement, it should be reviewed by an attorney to ensure it is enforceable. Risa helps employers, employees and independent contractors draft, review and negotiate non-compete agreements so that they are accurate, enforceable, and beneficial to her clients.
Severance Agreements
When an employee separates from an employer, they may be entitled to sick leave, vacation pay or other accrued benefits. In some instances, an employer may offer a severance package of cash or other benefits in exchange for voluntary resignation, an employee's agreement not to pursue legal action against the company, or an agreement not to go into direct competition with the company. Both employers and employees have a great deal to consider when offering, negotiating or accepting a severance package. Risa works with both employers and employees to navigate these complex agreements.
Wage and hour laws are confusing and frequently shifting. Employees and employers are rarely familiar with current regulations and how to interpret them. Risa works with both employees and employers to address:
- Worker classification (independent contractors vs. employees)
- Overtime compensation
- Final paychecks
- Off-the-clock work, travel time, meal breaks
- Minimum wage
- Tips and sharing agreements
- Wage claims and statutory penalties
Contracts
Employment contracts can take a variety of forms, from an agreement that outlines an "at-will" employment relationship, to a contract creating an independent contractor relationship. Prior to signing (or asking someone to sign) any contract, it should be reviewed by an attorney to ensure you understand the terms and the relationship you are creating. Risa helps employers, employees and independent contractors draft, review and negotiate contracts so that they are accurate, enforceable, and beneficial to her clients.
Discrimination and Harassment
An employee may not be terminated or harassed because of their membership in a protected class. Protected classes include race, sex, age, national origin, marital status, disability, religion, sexual orientation and other groups of individuals defined in state or federal laws. But, the simple fact that an employee is treated unfairly or differently than his/her co-workers does not necessarily mean the employee has a legal claim - the different treatment must be because of the employee's membership in a protected class. Risa works with both employers and employees to address discrimination and harassment. When working with employers, Risa helps the employer build work-place practices and policies that will keep the company compliant with state and federal law and that will foster an inclusive workplace environment. When working with an employee, Risa helps the client determine if they have a legal claim against their employer, the best way to resolve that claim, and advocates for the employee's rights. By working with both employees and employers, Risa brings extensive experience, a unique perspective and a creative approach to employment disputes.
Retaliation
It is illegal for an employer to treat an employee poorly or retaliate against them for reporting unlawful behavior. Retaliation can include termination, changing an employee’s schedule, demotion, and unwarranted poor performance reviews. These wrongdoings are only legally actionable under a retaliation claim if it is in response to a complaint or report of illegal behavior, such as race discrimination or sexual harassment. If an employee complains to his/her employer about behavior which is not illegal (e.g., a conflict with a co-worker about the person’s management style) and is then treated poorly, there is no legal claim for retaliation. Risa works with both employees and employers to assess and address retaliation claims.
Whistleblower
Employees may have a whistleblower claim if they experience retaliation or discrimination when reporting an unlawful employment practice. Similar to a basic retaliation claim, a case for whistle blowing can be made when an employee reports this information to an outside agency instead of reporting the complaint internally. There are federal and state laws which protect whistleblowers for reports ranging from safety violations to discrimination. Risa works with employers to develop and implement healthy employment policies which prevent whistleblower complaints in the first place. When representing an employee, Risa works to ensure the employee's rights are protected.
Non-Compete Agreements
A non-compete agreement is an arrangement made between employer and employee that activates at the time of termination. If a non-compete agreement is signed, the employee is unable to provide products or services similar to those distributed by the employer. Because these agreements restrict the employee’s ability to work, they have strictly enforced legal requirements. Prior to signing (or asking someone to sign) a non-compete agreement, it should be reviewed by an attorney to ensure it is enforceable. Risa helps employers, employees and independent contractors draft, review and negotiate non-compete agreements so that they are accurate, enforceable, and beneficial to her clients.
Severance Agreements
When an employee separates from an employer, they may be entitled to sick leave, vacation pay or other accrued benefits. In some instances, an employer may offer a severance package of cash or other benefits in exchange for voluntary resignation, an employee's agreement not to pursue legal action against the company, or an agreement not to go into direct competition with the company. Both employers and employees have a great deal to consider when offering, negotiating or accepting a severance package. Risa works with both employers and employees to navigate these complex agreements.
Risa Davis, Attorney at Law, LLC
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risa@risadavislaw.com
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phone |
(503) 395-7322
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address |
4110 SE Hawthorne Blvd #1005
Portland, OR 97214 |
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