US Employee Categories:
The employment laws of the USA vary between the two types of employees namely the exempt and the non-exempt categories. The exempt employees are those who are salaried and have a standard 40 hours of work time limit per week. They are eligible for overtime pay whenever they exceed the 40 hour limit in a week. On the other hand, the non-exempt employees are those who work on an hourly basis. Also employees whose pay is less than $25K per annum are generally considered to be falling under the non-exempt category and are not salaried. Employment Law holds the firm responsible in case of any discrimination, unlawful or wrongful termination, non-payment of salary, laying-off with no advance notice and other grievances that an employee might have thereby a dispute arising as a result.
The employment lawyer, San Jose, California:
Lawyer Robert David Baker has been practising employment law in the San Francisco Bay Area since 1981. As the san jose employment lawyer Robert David Baker represents clients all around the different parts of the San Francisco Bay Area, California, the most popular place for employment as well as immigration in the USA. The San Francisco bay area has huge number of companies all across various fields such as computers, electronics and electrical and information technology and hence the huge flow of immigrants. Robert David Baker provides services to his clients in the areas pertaining to the US labor and employment law such as all types of discrimination based on gender and sexual orientation, overtime, sexual harassment, disability, racial or original discrimination, pregnancy discrimination, pay discrimination and litigations related to number of hours and wages of employees.
Employment based Immigrant / Non – immigrant visas :
The immigrant visa based on employment helps the employee to get a Permanent Resident Visa (PR) based on which he and his family can legally stay in the United States of America as well as work. Some of the Non-Immigrant visas are the H1-B visas, L-1, E-1, E-2, O-1, TN as well as the RN visa categories through which a person from an alien country can legally stay as well as work legally in his or her field in the United States of America. H1 – B visas are issued to those who can temporarily stay as well as work in their special occupations. L-1 visas are issued for inter-company transfers. E-1 category visas are issued to those who want to carry out substantial trade between his home country and USA. E-2 visas are issued to those who want to run their companies in the USA wherein they have a treaty with their home country. O-1 visas are issued to those who have extra-ordinary ability and for their achievements. TN is for the residents of Canada and Mexico wherein these two countries are connected by land to the USA. Finally, the RN visas are issued to those who want to do religious work in USA.
Family based immigration:
As the san jose employment lawyer Robert David Baker also provides services in the field of Family based immigration category where in a person can acquire Permanent Residency (PR) or citizenship based on the visa of an already existing family member or relative in the USA.