Archive for the ‘Hiring Employees’ Category
KNOW YOUR BOUNDARIES
New Employer Restrictions on Hiring Notices and Interviews Starting July 1, 2020 California law prohibits discrimination against applicants and employees for their membership in any protected class, including religious creed, disability and age (40+). The California Fair Employment and Housing Council (FEHC) has issued new regulations effective July 1, 2020, to better protect such individuals. Advertisements. The […]
OY VEY, NOW WHAT?
Employers Must Use New I-9 Form Starting May 1, 2020 All U.S. employers must verify identity and work authorization for each employee hired within the U.S., including citizens and non-citizens, using “Form I-9, Employment Eligibility Verification” (I-9 Form). Starting May 1, 2020, businesses nationwide must begin using the revised I-9 Form (rev. 10/21/2019). Section 2 […]
THINKING THE UNTHINKABLE
THINKING THE UNTHINKABLE Expanding Federal Post-Pandemic Guidelines for Safeguarding Returning Personnel Perhaps to dream but whether full business revival is prompt or eventual, the U.S. Equal Employment Opportunity Commission (EEOC) today issued expanded pandemic-related guidelines for screening returning employees. As covered in Infection Protection, What Employers Can Ask in a Pandemic (March 25), the EEOC […]
“AT WILL” EMPLOYMENT A THREE-MINUTE HISTORY
A concept born with the 1800s Industrial Revolution , “at will” employment is proclaimed to survive in every American state except Montana as the right of either employer or employee to terminate their relationship for any or no reason at any time, with or without advance notice. Yet, the principle has changed significantly over the […]
WHAT’S NEW IN 2020 DOT YOUR I-9’S
Revised Employment Eligibility Verification Form I-9 Released January 31, 2020 All U.S. employers must verify identity and work authorization for each employee hired within the U.S., including citizens and non-citizens, using “Form I-9, Employment Eligibility Verification” (the I-9 Form or Form). The I-9 form directs the employee to present specified documents evidencing identity and employment […]
WHAT’S NEW IN 2020 CALIFORNIA PROHIBITS MANDATORY EMPLOYEE ARBITRATION AGREEMENTS
Arbitration is a form of private dispute resolution that takes the place of a lawsuit and court trial. Arbitration has many business-related advantages, including a more efficient, less-public process than the often-prolonged procedures of the court. Thus, employers often favor this alternative. California Labor Code section 432.6, effective January 1, 2020 as part of Assembly […]
AVOID DISCRIMINATORY JOB RECRUITMENT AND ADVERTISING
Workers, 1901 Advertising and recruiting of desired applicants are the first steps in the hiring process. Such outreach must not discriminate against members of any “protected class,” characteristics shielded by federal and state employment discrimination laws. In California, these include race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, […]
HAIRSTYLE DISCRIMINATION BANNED
New California Law Takes Effect January 1, 2020 California law has long-prohibited workplace racial discrimination against employees and applicants. The state is now the first to link natural hairstyles to race, thus protecting their wearers from disparate treatment. The Legislature based passage of revised Government Code 12926 on a finding that workplace dress and grooming […]
BE KIND TO MOMMIES
Pregnancy Discrimination Is a Really Bad Idea Pregnancy remains one of the most clearly protected classifications for employees, safeguarded not only under general disability laws, but also under laws enacted specifically to protect expectant women. See, for example, Pregnancy Accommodation in California (Nov 2018); Employers with 20 or More on Payroll Must Provide Expanded […]
INDEPENDENT CONTRACTORS, CALIFORNIA’S ENDANGERED SPECIES
Labor Commissioner Broadens Application of Dynamex Decision In Dynamex Operations West, Inc. v. Superior Court (2018), the California Supreme Court adopted a strict “ABC test” redefining “independent contractor”: The worker is free from the hirer’s control and direction in connection with the performance of the work, both under the contract in fact; The worker performs […]