Employers in California have a duty and legal obligation to provide reasonable accommodations for employees with disabilities. The law says they have to provide these accommodations unless it would cause the employer "undue hardship." A reasonable accommodation is a change to an employee's job dutie...
Lien waivers are exchanged so routinely on construction projects and are so closely tied to payment; it is important to understand how they work Lien waivers are tied to almost every payment in construction. Because lien waivers are exchanged so routinely on construction projects and are so closely tied to payment, it is important to understand how they work. What are the different types of lien waiver and best practices for all construction parties to minimize financial risk?
What is a lien waiver?
A lien waiver is a document commonly exchanged among parties in the construction industry as part of the payment process. The party receiving payment signs a lien waiver (often at the request of the party making payment) in exchange for payment. By signing the waiver, the party receiving payment waives their right to file a mechanics lien. How Mechanics Liens Help Secure Payment on Construction Projects Unlike most other documents that are part of the construction payment process, lien waivers can be exchanged in both directions: they may be created by the party making payment and sent with a request for signature to the party getting payment, or they may be created by the party awaiting payment and sent up the payment string to acceleration up the payment process. Depending on the project, contractors might both send and receive lien waivers.
Why send a lien waiver?
Sending lien waivers builds better relationships. These docs are mutually helpful, so exchanging lien waivers may build trust between construction companies. Lien waivers advantage the party building payment by ensuring they don’t possess to pay out twice. Without a lien waiver, they might pay out the employed party and also encounter a technician’s lien. A correctly performed lien waiver works like an invoice of money, swapping lien privileges for payment. Waivers advantage the party getting payment by traffic up the payment procedure. Celebrations producing payment frequently don’t desire to send out a check unless a lien waiver provides been agreed upon. By sending a ready, agreed upon lien waiver with an account, the party waiting for payment will save period. Also, if the party waiting for payment creates their very own waiver, they can end up being specific they are not really putting your signature on apart even more than lien privileges. The different types of lien waiver There are two categories of lien waiver: conditional waivers and unconditional waivers. As the titles imply, conditional waivers are conditioned when something (typically the invoice of payment) whereas unconditional waivers go into impact as quickly as they are signed, irrespective of whether payment has actually been received. Within each of these two categories, there are two subcategories: waivers on last payment and waivers on progress payment. A waiver on last payment is utilized if the whole agreement worth is becoming paid at one period or when the payment in query can be last payment becoming produced for a task. Improvement payment waivers (sometimes known while part improvement waivers) being used when more obligations are to come in the potential; for example, if a service provider is becoming paid in regular monthly payments. Best practices For parties on both sides of lien waiver exchanges, it is greatest practice to always exchange conditional waivers. Because conditional waivers just move into impact when the purchase provides happened, both the payer and payee are covered. The party getting payment keeps its correct to document a lien until the verify can be in fact cashed; the party producing payment will hardly ever encounter twin payment (having to pay the party they employed and also getting encountered with a lien). Since unconditional waivers are enforceable as shortly as they are signed, they may be dangerous when signed before payment is actually in the loan provider. If a service provider receives a check and signals an unconditional waiver but the check bounces, the service provider is certainly trapped in content. He provides no lien privileges and no payment. Using conditional waivers is very much safer mainly because when trained about the real invoice of payment, a circumstance like this a single cannot take place. Maintain in brain that 12 state governments need particular lien waiver forms. In these state governments, any waiver that will not really make use of one of these statutorily needed forms is normally invalid; therefore it is normally important for those producing and getting payment in these state governments to generally make use of the appropriate type. Alternatively, it is important in the other 38 states to read lien waivers properly to ensure the waiver does not contain any kind of extra concessions. Those putting your signature on waivers should make certain they’re not really putting your signature on apart even more than lien privileges! How to create lien waivers It is fairly easy to download lien waiver forms from the Internet or to create your own by reading the lien statute and building a template. It is especially important to make sure the form is correct if your project is located in one of the 12 states with statutory requirements. NLB provides the most efficient and reliable national construction legal network to enforce your construction law compliance requirements nationwide.
Training your employees is ultimately good for your business. Not only can it improve performance and staff morale, investing in the development of employee's increases profit. The best part is, you get to choose what skills you want you workforce to gain by identifying the needs of your busin...
In an earlier post, we addressed marijuana use and touched on drug testing policies in the workplace. While having a drug testing policy is required of some employers and merely suggested for others, enacting the policy is properly is crucial to the ensuring the company’s employees and clients are safe and that the company is protecting itself from liability as best it can.Why Test for Drugs and Alcohol in the Workplace?Drug and alcohol testing can prevent the hiring or continued employment of people in safety-sensitive or security-sensitive positions who may harm themselves or others if using or abusing drugs or alcohol. Some insurance companies may require drug and alcohol testing policies to offer liability insurance policies to businesses. If a business is a certified South Carolina drug-free workplace, it may be eligible for a 5% credit on worker’s compensation insurance premiums. Drug-free workplaces can see a reduction in absenteeism, accidents, theft, and employee turnover.Who to Test for Drugs in the Workplace?A drug testing policy must be made clear to all employees in writing and must be administered without discrimination as to race, sex, religion or other protected class. Anyone who is employed could be eligible for drug screening, especially those who carry firearms, who are healthcare workers with direct responsibility for patients’ care, who operate or repair passenger vehicles, or whose primary duty is to drive a vehicle. A business may randomly test for drugs or may test an employee if reasonable suspicion arises that an employee is using or abusing drugs or alcohol. If testing because of a reasonable suspicion, an employer should document specific objective facts that raised their suspicion prior to testing, including: A pattern of erratic behavior; Direct observation of drug use; An arrest or conviction for a drug charge; or Information that an employee has caused or contributed to an accident while at work.How to Test for Drugs in the WorkplaceNot just anyone can administer or interpret a drug test. The lab where the sample is taken and tested should be certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the US Government. Many laboratories are available for employers, but not all of them are certified or accredited by the SAMHSA. The drug test administered must be an evidentiary test, not a medical test. Positive drug tests should be confirmed by gas chromatography or a more accurate test. The test results must be interpreted by a licensed medical review officer (MRO). A MRO is a physician who interprets and evaluates the employee’s test in conjunction with the employee’s medical history and any other information that may explain a positive test result. A licensed MRO has been trained and certified in drug testing analysis. He or she will verify and approve a certified laboratory drug test result by signing it.Once a specimen is taken, it is sent to the laboratory for an initial screening. If the results are positive for any substances, then the specimen is tested again (a confirmation test). The confirmation test is then forwarded to the MRO for interpretation, analysis, and approval.What to Do with the Results of Drug TestingDrug tests should be kept in an employee’s file for three to five years after they were conducted. Positive drug tests should not be reported or released outside the employee’s file except where required by law. Some workers’ compensation laws require reporting. Otherwise, results of drug tests administered by employers are confidential.How to Create Policies and Procedures for Drug TestingTo ensure a company is protecting its employees, clients and itself, drug and alcohol testing policies and procedures must follow the law and be specific in their administration and consequences. Contact an experienced employment lawyer at Gignilliat, Savitz & Bettis LLP for counsel in setting up the best policies and procedures for your business.
We live in a culture of #BeastMode. We praise high-powered CEO's who work around the clock, push ourselves to exhaustion on the daily, use social media to busy our minds, and burn the candle at both ends to meet our obligations to family, friends and everything in between. The problem with this, is ...
Employment Law Claims-Getting The Help You Need From an Employment Law Attorney
Many people experience problems with their employers and an Employment Law Attorney can help. Whether you have been wrongfully fired or you are having a dispute in your contract, we can help. When trouble arises concerning your employment, you need to talk to an employment attorney who is well versed in the laws regarding contracts and labor. Talking to valued professionals, such as a Chino Hills Employment Law Attorney, will give you valuable insight and let you know if you have can move forward with a legal claim.
If you have experienced issues regarding your contractor, or you have been terminated without just cause, contact an Employment Law Attorney for a consultation. Because every employee has rights, you need someone to fight for them and for justice. If your employer has overstepped their bounds and fired or broken your employment contract, contact a Employment Law Attorney today! Most people who have contacted us have found that they have the right to make a claim, which can include compensation. Not every case will go to court, but there by contacting an attorney; they can review the information and let you know exactly what to do.
Do you think you have a case? If your rights have been violated you need to call an Employment Law Attorney right away. We will meet with you and come up with a strategy for your legal claim. We offer a free consultation and want to ensure you have legal recourse. One phone call to an Employment Law Attorney is all it takes to start the ball rolling on your legal claim. .
Before you come to your free consultation, you will need to gather a few items to bring to your Employment Law Attorney, they are: