Dan Chammas – How to Conduct a Lawful Job Interview

Dan Chammas is an employment lawyer with considerable expertise in California employment law. He has been victorious in a number of class action suits, in which he defended many organizations against claims of discrimination, wrongful termination, unpaid wages, and much more. He has also published many articles on employment law, and frequently advises his clients on how to conduct their business lawfully. This starts with the hiring process, and adhering to legal requirements when conducting job searches and interviews.

Dan Chammas

When asking questions in an interview, it is important to consider discrimination laws and think about things from an interviewee’s perspective. There are many things that you are not allowed to take into consideration when making hiring decisions, including race, gender, religion, family status, and much more. If a topic is not relevant to the hiring process, stay away from any questions about it, or phrase the questions in a way that allows you to obtain the information that you need professionally. For example, ask if the applicant is over the age of 18 instead of directly asking how old they are to avoid being perceived as ageist.

Another extremely important thing to be aware of when discussing the job is any promises you are making. Do not make any promises unless you are absolutely sure that the company can keep them, otherwise, there may be basis for a lawsuit. It is especially important not to discuss the company’s financial future. Dan Chammas is an expert in employment law and discrimination policies in California.

 

Dan Chammas – What is an Independent Contractor?

As an employment lawyer, Dan Chammas frequently deals with cases regarding employee misclassification and other similar problems. One of the biggest causes of these conflicts is the misclassification of employees as independent contractors, and vice versa. Many employers are unaware or have been misinformed about the requirements for independent contractor status, which leads to these misclassifications. Although each state has different laws regarding independent contractors, in Chammas’ home state of California, it is very difficult to achieve independent contractor status.

Dan Chammas

The general definition of an independent contractor is a person who provides services to another person or business under the terms specified in a contract. They are not an employee, and only work on an as-needed basis. Therefore, independent contractors do not receive the same benefits that full employees do, which motivates many companies to wrongfully classify their employees as independent contractors to avoid having to provide these benefits.

For someone to be classified as an independent contractor, there are several requirements they must meet, although ultimately the classification is determined on a situational basis. If you instruct or supervise the worker, can fire them at any time, or work with them as a part of your regular business activities, they are likely an employee and not an independent contractor. If the worker has a separate business and is able to make their own business decisions regarding their work, they are likely an independent contractor. Independent contractors also generally do not require training, provide their own tools, and are paid an agreed amount upon completion of the project.

 

Dan Chammas – Important Laws for California Employers

Dan Chammas is a lawyer based in Southern California who focuses on employment and consumer class action suits. Over the course of his career, he has defended several major companies in important cases throughout California, and is regarded as an expert in employment law. There are many legal regulations that affect California employers that many companies (especially small businesses and entrepreneurs), may not be aware of. There have also been many major changes to employment law in the past several years. Here are some of the most important laws for California employers to be aware of.

Dan Chammas

The first factor to be aware of is the classification of independent contractors. Many people are unaware of the exact regulations surrounding independent contractors, and what defines an independent contractor. If an employer knowingly or voluntarily classifies an employee as an independent contractor when they should not be, they may be charged penalties ranging anywhere from $5,000 to $25,000, depending on the frequency and severity of the violations. Employers who repeatedly misclassify their employers as independent contractors will be subject to higher penalties. Additionally, they cannot charge their employees any fees or deduct their pay to cover their misclassification.

There are also many laws covering discrimination when it comes to hiring decisions, wages, and employee benefits, many of which have been enacted fairly recently. During the hiring process, employers are not allowed to use consumer credit reports to make their decisions (although there are several notable exceptions to this rule). Job applications requiring credit check information must be altered to comply with this rule.

Employers also cannot discriminate on the basis of ‘gender expression’ or ‘gender identity’. Employers also must allow all employees to dress and act consistently with their own gender identity, and cannot use language in employee handbooks that restricts gender expression. Additionally, employers also may not discriminate based on genetic information, specifically any genetic tests, or a history of disease in the employee’s family history.

There are also many regulations regarding health care coverage for California employers. Specifically, employers must continue to provide regular group health care coverage during an employee’s pregnancy disability leave. The terms and conditions regarding the employee’s health care coverage must remain the same during this leave period. Employers must also provide the same health benefits for same-sex domestic partners as they would for heterosexual domestic partners, and cannot discriminate the coverage they provide on the basis of sexual orientation.

These are just a few of the many important laws that apply to employers in California. It is essential for employers to frequently review changes to employment law to ensure that they are compliant and that there is no unlawful treatment of employees. Dan Chammas is considered one of California’s most experience employment defense lawyers, and frequently advises organizations on employment law.