Employment Law for Business Owners, Managers & HR

Employment Law for Business Owners, Managers & HR - Avoid Getting Sued

Рет қаралды 87,708

Күн бұрын

This video is an overview of employment law in America. Branigan is an employment lawyer who shares how to avoid getting sued by your employees.
Please subscribe to Branigan's channel!
Branigan Robertson is an employment lawyer in Orange County, California. Visit his website at: brobertsonlaw.com
#Lawyer #EmploymentLaw #HumanResources

Пікірлер: 132

@veronicperemore688 3 жыл бұрын

I always thought lawyers were boring, but you make the law interesting and user friendly. Keep up the good work.

@outchea-7350 4 жыл бұрын

Man you are 100% correct about owners treating their employees good. My employer was such a jerk and that’s why I went after his a$$ for breaking the laws

@Bruce_Fernandes 9 ай бұрын

Most employers are a$$holes and treat their employees like garbage. It's rare to find one who actually treats employees fairly, most think of us like cannon fodder and don't respect the fact that they are rich only because we workers bust ourselves generating that wealth.

@judilopez1811 3 жыл бұрын

Thanks! You are a great teacher. I'm going into HR and these videos are well versed Especially for those of us who need it in layman's terms 😊😉

@mercyalpert4631 4 жыл бұрын

Excellent presentation Branigan. You were very clear, to the point, and gave a great overview of employment law that was understandable. Thank you.

@judilopez1811 3 жыл бұрын

Watching this again! You explain things well! Thank you!!! I'm new to HR

@AE-bu9us Жыл бұрын

Thank you for making an engaging video with music and light humor. Very easy to stay attentive and understand the info!

@gabeescoto6590 2 жыл бұрын

Hey Branigan, a great thanks for your videos. I wish we had employee lawyers as you here in Texas. Keep up the compassionate employee law videos you are sharing. God bless you.

@eskridgelaw1325 4 жыл бұрын

Loved watching your video on employment law, it was really informative! Happy Thursday from Eskridge Law!

@Makeupvice 3 жыл бұрын

This video was great!! I appreciate the time you took to make this. Being new in HR I want to focus on education first and become knowledgeable since CA law is a very active ever changing! Thank you!

@MrAnthony992 Жыл бұрын

Why did you choose HR as your career? I ask, because HR do alot of awful stuff to honest employees with real cases brought to them. I have not met a single honest HR. Because their job don't want honest HR, their job want an HR that will protect the company from any potential lawsuit. Therefore the HR will end up lying, deceiving, and pointing fingers, and take the side of the salary employees to avoid giving the right, to the hourly employees. Remember am talking about honest employees who do their jobs and have very few complains.

@STMARTIN009 3 жыл бұрын

Great Job! I am currently employed at a government job for the past 13 years. It is definitely not perfect but due to our union contract there are definitely protections in place for overtime, discrimination,etc.

@Krackaten 2 жыл бұрын

Awesome Video! Helps a lot to understand the basics, then dive into state specific laws.

@colorsinme 4 ай бұрын

As a HRBP I APPRECIATE YOU and the HR educational videos for “all states”. You make things interesting and understandable. You are such a wonderful teacher. Huge THANK YOU! Hope you do more of these ADA, Sexual harassment, proper handling of terminations and so forth.

@sinanalimam3481 2 жыл бұрын

Thank you for all this affirmation God bless you

@abdinasirjirde8716 4 жыл бұрын

thankz branigon robertson for the lecture hope you good lucky 🤙

@cdb5662 11 ай бұрын

VIDEO SUGGESTION: I love your content! Can you do a video specifically on having a meeting with HR. Specifically, after someone files a written complaint with HR, HR will usually have a meeting with them face-to-face. Can you please create a video talking about advice for the employee during this meeting? For example, does the employee need to have an attorney present? Will the HR representative be trying to ask “Gotcha” questions? Thanks again for all the great Contact!

@justinluminarias9327 7 ай бұрын

Thank you this is helpful. I am into HR and your video help me out.

@TeamAwesomese 2 жыл бұрын

Loved number 5. So true. Employers stop the harassment.

@sarinyatean1651 5 жыл бұрын

This is a very good explanation! Thank you!

@braniganrobertsonlaw 5 жыл бұрын

Thanks. It was a ton of work. So I'm glad some people appreciate it.

@evanvelardi 2 жыл бұрын

@@braniganrobertsonlaw thank you !

@Delmar829 Жыл бұрын

Thank you for taking the time to do this.

@braniganrobertsonlaw Жыл бұрын

Glad it was helpful!

@howierichard5238 Жыл бұрын

@@braniganrobertsonlaw question.. My job told me they would pay me a weekly bonus off $1 for every hour i work a week with perfect attendance. Well they haven't been paying me my bonus. I already know that it's not legal. But what is that actually called?

@Label07 7 ай бұрын

Randomly came across this channel. Thanks for the info, it's a super pain to try to dig through CA law on your own as well as use "ask a lawyer" websites. Not relevant now as it was years ago...got fired for telling the truth about a situation and standing my ground rescinding a write-up that wasn't true. Whistle-blew on the employee making the false claims via a letter to HR and was fired a few days afterwards. Months later the employee admitted to conjuring up the incident, they quit and the GM was let go months later after that. Coincidence, a bit but I don't think the CEO was too happy losing a good employee (me) due to the GM not properly investigating the manner.

@MiNd-_-sAp-_-1O1 2 жыл бұрын

Hey Branigan, Awesome presentations! Thank you so much! Question: As of a few weeks ago, I was employed at a nationwide community housing organization -- my community was/is HUD subsidized for age 62 and over. Are there special or modified employee/employer laws or related information (ex: Manager obligations, treatment of residents, etc.) for Government funded businesses worth mentioning in an upcoming video? Much appreciated for your time...sure wish you practiced law in Pennsylvania!!

@agustinvaladez2558 Жыл бұрын

I know this video was from four years ago. Is it possible you make one for veterans and their rights as a protected class? What veterans qualify for on a job and how to prove veteran discrimination. Thanks for the videos, they are very informative.

@jimwheeler4734 10 ай бұрын

Thank you, as a HR manager this was helpful please do more videos like this. Not all companies or HR departments are unethical.

@victoriamarcum8226 2 ай бұрын

Aa an HR manager can you share with US some views regarding false accusation resulting to termination ?

@stevene.b.koroma1269 11 ай бұрын

Fantastic, many thanks

@evanvelardi 2 жыл бұрын

Hey Branigan, did you replace your coffe maker though? hahaha so funny! awesome video by the way! thumps up !

@timcoffield7894 Жыл бұрын

Very informative video!

@bridgettebianca2318 3 ай бұрын

Amen Brother!!

@W3Electronics 2 жыл бұрын

My job has 2 volatile employees that get away with everything and you have to walk eggshells around them. I've had to report them multiple times along with others doing the same. I'm ready to go to the EEOC and find a lawyer but I never know how to take the first step.

@AB7N.C 2 жыл бұрын

Those are great points.. at the end of the day if your state is at will employment.. your employer will win every time..

@realdealastrology9 2 ай бұрын

2:16 Keep in mind that being at-will doesn't necessarily mean that you don't have a contract situation going on. The basic elements of a contract are all there in your employment: a job offer was made, there was consideration, and then acceptance. That's a contract, is it not? But not in the typical "You're contracted to stay at the job for 3 months" type of contract situation.

@richardbarry1926 2 жыл бұрын

Great video at what happens if the employer disregards safety equipment such as splitting a extension ladder in half to use as two ladders and as a result an individual falls and sustains permanent injury as a result of that decision? By the higher-ups such as the superintendent or owner of a company?

@Mrkouman 3 жыл бұрын

I need to share this video to a fb post that others had different views on cause some other people were treated wrong

@marioserrano3868 3 жыл бұрын

Question: i drive a company vehicle i usually work an hr away from my house, the company wants me to clock out when im done with my last job, drive for an hr without getting paid for drive time but they want me to secure my testing equipment when i get home, securing means take several equipment inside my home to secure it but i had clock out an hr before from my last job...

@Sheena02 2 жыл бұрын

I was employed by my former church from 2018-2020 he categorized me as a “1099 contact employee”, however I had set hours set vacation time. I was being $155/mo before tax. I worked as if I was a Salary employee meaning I was required to be available all the time even had vacations Interrupted. Would I have a case still?

@consuelosoriano3909 2 жыл бұрын

Is there a case about my employer not giving me schedule to work for a week waiting from them because of disability harassment and lied to the agreement to the work place offered?

@cptcosmo 2 жыл бұрын

Question - I am employed by a large firm that is not providing me with tasks to work on, nor am I given something to bill my time to - what means of action do I have? If I quit voluntarily, I lose my ability to file for unemployment. I truly feel that my employer is in breach of our agreement - I show up to work and you give me work. Well, here I am, but no work, and nothing to bill my time to to get a paycheck. What can I do?

@brendacuccaro3 7 ай бұрын

I'm in Connecticut I'm a small business owner. Do you have anything on laying off and or firing and if there's a difference?

@cullen2106 2 жыл бұрын

But is it against federal law according to the special-needs act for another employee to try to get someone unlawfully fired and the reason why am asking this is because I work for Richard at Classic Medicab Transportation. And I get paid cash.

@rosegonzalez319 5 жыл бұрын

Would you be willing to post a video covering in detail employee misclassification? More specifically salary and Non-exempt employment?

@braniganrobertsonlaw 5 жыл бұрын

Yes, actually that one is on my list!!! So stay tuned - hit that bell button and you'll be notified when I post it.

@rosegonzalez319 5 жыл бұрын

Great, thank you! I'm actually already on alert for you post's. :)

@braniganrobertsonlaw 5 жыл бұрын

Guess what, Rose? I just finished the misclassification video. I remembered that you had asked for this. kzfaq.info/get/bejne/pdJ-jdKDt6y8eaM.html

@AngelGonzalez-nd4oz Жыл бұрын

How does the labor law work for a individual who works under-the-table

@sebastianpoe3934 19 күн бұрын

How do we look up these laws? State and federal

@warrenwalker2260 2 ай бұрын

I want to leave the company property during my unpaid break and go to lunch. My employer says i cannot leave and must eat in the cafeteria or at my work desk. I work in Florida. Can they do this??

@alexandergonzalez1377 3 жыл бұрын

im being tergeted at work i get leftout in every new idea activity or changes then my boss yells at me like if i was supposed to know when is obvious noone tells me anything like for example they changed the lunch hour but noone told me tgen i get in trouble get written uo yelled at cause i ecplained noone told me and they dont care its like a mafia where they working to push me out firce me to quit they even treaten me for getting injured telling me not to tell hospital where it happen so there insurance dont go up the was even a instancecwere one of the employee went to ky house and kicked in my front door and ran my neighbor saw him but i dont dare to say anything cause im scared fir my life and my family

@Denver_ Жыл бұрын

Hi, have you ever heard of an employer spying on an employees personal cell phone outside of work hours & then harrassing them at work by repeating things said outside of work? Ive had 2 employers do this & not sure how theyre able to do this

@OneCleanWorld-xn8wb 7 күн бұрын

What about if the violence in the workplace policy is violated?

@Paul-cf2zt 3 жыл бұрын

Do you a have recommendation for a good employment layer near 21042?

@gerismakeuplaughs152 4 жыл бұрын

Can a supervisor demand you cancel/reschedule a medical testing/Dr appointment because they want to have a meeting with their employees and insist you be there?

@braniganrobertsonlaw 4 жыл бұрын

Good question. Depending on your state’s law, I suspect there is no hard and fast rule directly on point. I would say that it would look very inappropriate to a jury, especially if it was a common pattern with the supervisor and it involved a protected activity or category.

@jasonzhao8139 4 жыл бұрын

Good Video content

@tiffanymasters7152 5 жыл бұрын

I have a question. If we cannot ask a question regarding disabilities until a contingent offer has been made, then why is the disability disclosure question in the application?

@braniganrobertsonlaw 5 жыл бұрын

If your application for employment has a question asking if the applicant has a disability, I would immediately remove it.

@MaruskaStarshaya 4 жыл бұрын

Relative to a discrimination paragraph : what should I do if my employee for example a muslim and his religion dictates him to pray during work hours and it prevents him from executing his duties? Can I fire him or it will be treated as discrimination?

@dunia743 3 жыл бұрын

That’s definitely considered discrimination. The prayers last less than 10 minutes and they’ll only have a maximum of two prayers per whatever shift they are working. Those can be treated as normal breaks.

@MaruskaStarshaya 3 жыл бұрын

@@dunia743 oh ok, thanks!

@frednance3988 Жыл бұрын

I'm in my early 50's and i know that EEOC laws as it pertains to age, race, disability, etc. I've been laid off from a job or i left a firm for a better one. I've been in the IT field for almost 30 years. The last time i was canned was 1994. I was born and raised in L.A. A lot of HR has been outsourced to foreign employment agencies. Is it illegal for a firm to require that the applicant have a current and active Social Media account(i.e. LinkedIn)? I've seen a lot of jobs asking for this info. It's enough that they ask for other stuff.

@cullen2106 2 жыл бұрын

But can you fire somebody for saying something that is the truth like there is a old Washington township hall and there is a Washington Township Police Department and Washington Township police officers and can someone get fired for telling an employer that I’m lying about something that I’m not lying about boarding the federal? And I’m 28 right now.

@hauswearingen3423 3 жыл бұрын

Do you a big video about leave of absence, big companies still get stuck with it

@braniganrobertsonlaw 3 жыл бұрын

Yep. I do. I have one about FMLA. Another about CFRA.

@martinlopez9650 3 жыл бұрын

I’m a Mexican attorney and I want to learn about this I’m in LA

@317ivory 9 ай бұрын

I'm watching this to figure out if I got a lawsuit. I see I have one but I don't want to have a ton of money because I will must likely go broke in a week. Sike! I'm suing them lol

@sacdaxassan9831 3 жыл бұрын

I have question what is the OSHA

@aig5429 Жыл бұрын

I get it but when it comes to age and disability but the job REQUIRES spreed, getting out on time, accuracy. Yes I get it the disability or age itself would be discrimination but that's self sabotage when the employee continuously makes mistakes and people see that. Would I write them up for poor performance, yes but I have to treat everyone fairly

@JO-mg6xc Жыл бұрын

I appreciate your videos. But one thing you should emphasize with termination due discrimination is that the law is against you. You must file a complaint with the EEOC within 180 days of the occurrence. Which means you will precipitate your early dismissal. I was in a hostile work environment and was asked how old are you? Why don’t you retire? 3 years later I was terminated without recurse as the 180 days lapse expired. Not fair as discrimination is a cumulative series of offenses. Using the first time they discriminate you will be seen as a non pattern of discrimination. You can’t win.

@victoriamarcum8226 2 ай бұрын

My husband got fried bec they said he was bullying an employee( which is not true) .. but you said that is legal 15 years and they fried him for that. We are planning to fight it. What is your advise ?

@ThePeterDislikeShow 3 жыл бұрын

What if you are discriminated due to "apparent age"? I look a lot different in age than what's on paper.

@braniganrobertsonlaw 3 жыл бұрын

You must be 40 years old or older to claim age discrimination. Both CA law and the Federal ADEA are pretty clear about that.

@miss.phyllisreneefoster9547 5 жыл бұрын

thank you so much for this video, thank you good looking layer, god bless you amen.

@utredragnarson191 2 жыл бұрын

Do you have an OBJECTIVE video about the current situation regarding vaccination mandates, exemptions, HIPPA privacy laws, and what everyone's rights are? I really love the way you put this video together, but i cant find anything that is objective when it comes to the current state of the workplace. People seem to be applying a different standard and interpretation to these laws now Because of COVID.

@braniganrobertsonlaw 2 жыл бұрын

Great question. I intend to make a video on this in the next few weeks. To be honest though, I'm very hesitant to make the video because some people are going to be rage at me regardless of how objective I am.

@utredragnarson191 2 жыл бұрын

@@braniganrobertsonlaw that's the nature of the internet. Someone will always be mad, no matter what we do in life. Everyone has a voice and an opinion, and we can always find someone who is repeating what we want to hear. But you seem objective and have a history on the topic prior to the new Overton Window shift. Your insight would be more credible and valuable than most, in my opinion. Side note: when we are AFRAID to say something truthful because of the potential backlash of people who are passionately misinformed or wrong, i think we have a moral obligation to share that truth. Especially when we have knowledge that most people don't. This current world we live in where professionals like physicians, lawyers, police, etc are afraid to speak about things we know or experience because it might "displease the mob" is a dangerous world. Especially when the information we have is changing, or in the case of law, the perception of laws and interpretation is changing. If you would have told me 3 years ago when this video was made, that we would be living in a world like this with vaccine passports and the like, I would never have believed it. We are strangers who don't know one another, but I will just say that I understand your apprehension to publicly share your opinion on a topic like this, and i respect your decision either way.

@juanmartingomez2919 3 жыл бұрын

life saver

@Dee-lg7ke 4 жыл бұрын

Do you have a video just on leave of absence

@Dee-lg7ke 4 жыл бұрын

Also do you have a video on being overseen for promotions?

@braniganrobertsonlaw 4 жыл бұрын

Yep. I've made several. kzfaq.info/get/bejne/hpOUpMaB152rk5s.html & kzfaq.info/get/bejne/ntVznat0spPFXYU.html

@gfy2979 Жыл бұрын

They know this already, but they cannot help themselves from doing bad things to people who especially do not deserve it.

@josephsnisky1851 3 жыл бұрын

We need you in my town , Bring some U S. Marshalls with also . One more thing pack a badge for me to l saw 1248 openings for much needed Marshalls and we could fill the honey hole with a lot of krud.

@rayn1ful 2 жыл бұрын

"At will" is illegal up here in Canada.

@marcarianlawfirm5926 Жыл бұрын

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@ost2790 3 жыл бұрын

Is verbal attacking and cussing your employees considered bullying or is it harassment

@braniganrobertsonlaw 3 жыл бұрын

Depends on what motivated the harassment. Watch my video detailing the basics here: kzfaq.info/get/bejne/o6t2jKaBrduXhp8.html

@yomommadidit2032 2 жыл бұрын

I know I'm going through Descrimination, I just don't know WHY?

@dawnjohnson1965 4 жыл бұрын

Can you please do a constructive discharge video

@braniganrobertsonlaw 4 жыл бұрын

Its on my list of videos to do.

@iovethpiedrahitaa4546 Жыл бұрын

How to prove I was a victim of retaliation?

@shar935 3 жыл бұрын

True! I owned restaurants for 25 years in San Francisco, CA, probably the most pro-emplyees place in the U.S, broke the law so many times BUT i treated my workers like my family! I always remembered their birthdays and celebrated it, I treated my dishwashers and busboies like the CEO of my establishments, when they're sick I make the doctor appointment and sometimes I drive them their..... etc. They took care of my business and made great living. Just the thought of them reporting me to labor board, EDD or workers comp for an injury never crossed their mind and if it did they felt ashamed.

@jamieg1802 Жыл бұрын

hi can you take my case; i have criminals/coworkers from work on my home network, personal pc and steal money from me

@jamieg1802 Жыл бұрын

I am at top of my field, althoug in this organizaiton, i am facing harassment, discrimination and bullying for many years now, they even stole 30k from me. They are criminals, can you please help me, they are destroying my career. Also i meant to mention they are hacking into my pc.

@kfergus3662 2 жыл бұрын

A FedEx manager wouldn’t let me speak to HR after asking 4 times so, I quit

@franka6680 2 жыл бұрын

I'm lost on these. Idk where i fit in. My supervisor keeps micromanaging me and telling me that because I'm an hourly employee everything I'm told to do I have to do it. They also complain about my national gaurd duties and ask how I'm supposed to keep a job if I'm gone all the time which makes me feel like they'll fire me. Another thing is when I have doctor appointments. It's such an issue with my supervisor and also asked me one time if I had a disability because I was going to the bathroom for a bad stomach.

@santabeard3975 Жыл бұрын

I wish someone would fire you for National Gaurd duty. You could get rich!

@jamieg1802 Жыл бұрын

lga15s49-in-f10 , why are coworkers allowed to hack illegally and unauthorized into your home pc? This is still a felony, so arrest them

@rascamela5295 4 жыл бұрын

Whats your #??

@jamieg1802 Жыл бұрын

I need lawyer asap, i am having a job i havent worked at for years still harassing me illegally

@jamieg1802 Жыл бұрын

Hi can you help me? Both family , people nearby and coworkers and old coworkers are all criminals They made me lose my job she. They said it was good until June They don’t care about the law

@jamieg1802 Жыл бұрын

They stole 80k from me: they hack into my pc Illegal electronic surveillance Lost fiancé

@jessies16 Жыл бұрын

Jessica Smith

@shanefrance984 3 ай бұрын

nothing about wages 😕

@jjg8605 Жыл бұрын

Workplaces hacking home pc and stealing money Can you help me

@jjg8605 Жыл бұрын

12 million

@ryanfrizzell736 2 жыл бұрын

It's fun to out-skill higher ups in the employment ladder that lack basic knowledge about employment law.

@oliver415 4 жыл бұрын

Branigan, from @3:28 through 12:43, almost everything, every example that you had stated (wage/hour violations, misclassification, harassment, sex discrimination/gender/disparate treatment, HWE, retaliation, defamation, whistleblower ) etc. that actually happened to me and they happened all at once, it's one of those stranger than fiction but true story, it's like my employer would be an all in one Ebeneezer Scrooge but with a team with a much more sinister twist to it and I'll be his nephew Fred. It's complex but could be easily and readily proven If I'm honest and truthful plus I have witnesses and the evidence to support and validate all these claims, (which are just all facts, documents, messages, complaints, circumstantial evidence/undeniable facts) Do you think you'd be able to put together or draft something like A Christmas Carol 2019. :) Thanks!

@KammeO 11 ай бұрын

TAMU hostile work environment was like a Blizzard Attack... There's probably an HR term for it? TAMU even evaluated Me as "being female she is distraction to the male workers"... There was so much more. 🙄

@yourstruly3585 Жыл бұрын

you shouldn’t be in management if you have to watch a video on how to not get sued That being said, good video

@braniganrobertsonlaw Жыл бұрын

Lol. You’d be surprised….

@jamieg1802 Жыл бұрын

also they commit felonies, can you take my case?

@foodie800 Жыл бұрын

Why do employers fire people that report sexual harassment? All you did was poke the bear. I wasn't going to sue you while I still had a job, but now I will!

@pengooczar2470 Жыл бұрын

Treat employees with dignity and fairness... unfortunately, public companies can't do it even if managers and even executives want to do so. Activist shareholders. They are the cancer.

@jamieg1802 Жыл бұрын

I ambeing blocked from getting a job that pays money. I have 15+ years experience . The place i am at hacks into my pc illegally and unauthorized and wont pay any money for this harassment over 2 + years

@jamieg1802 Жыл бұрын

illegally hack into my home pc

@sherylsalazar4822 2 жыл бұрын

It's a very sad day...its going to be a sad day for your company..😀😆💯💥

@annkahl2507 7 ай бұрын

Background music is annoying

@jamieg1802 Жыл бұрын

My old job doest pay me and blocking me from getting jobs elsewhere They hack into my pc and watch what I do They steal money Try to poisen mh dogs Please arrest them and I need civil charges too