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BACKGROUND CHECK GROUND RULES

Employers and Background Check Companies Must Distribute New Model “Summary of Rights” Form Employers are already tightly regulated on obtaining an applicant’s or employee’s credit information. Companies may only seek consumer credit reporting agency disclosure on credit-worthiness, credit standing or credit capacity in connection with ● specified job positions including managerial executives, ● jobs involving…

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DADS ARE PEOPLE TOO

EEOC Settles Male Gender Discrimination Case For $1.1 Million The U.S. Equal Employment Opportunity Commission (EEOC) has announced the $1.1 million resolution of its class action lawsuit against world-leading cosmetic company Estée Lauder. The government alleged Estée Lauder discriminated against a class of 210 new fathers under its paid parental leave policy. Although no federal…

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STICK TO THE SCHEDULE

Keeping Employee Tardiness and Absences to a Minimum It would seem unnecessary to have a written policy requiring workers to show up in order to keep their jobs and be paid. Yet employers often experience problems with no shows and tardiness, so it’s best to issue clear written directives mandating attendance, laying out work hours and…

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EVERY MINUTE COUNTS

Employers Must Pay for All Minutes Worked Before and After Shifts Employers who require workers to perform short tasks before or after clocking out for their shift will now need to rethink this practice, even if it takes only an extra minute or so per day to boot up or turn off a computer and…

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CAUTIONARY TALES EPISODE 17

Labor Enforcement Task Force Targeting “Underground Economy” The Labor Enforcement Task Force (LETF), a coalition of California agencies directed by the Department of Industrial Relations (DIR), has been targeting the “underground economy” for violation of employment laws since 2012.  Members include the Labor Commissioner’s Department (Division of Labor Standards Enforcement), Cal/OSHA, Employment Development Department, Department…

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PRIVATE OR SOCIAL?

Employee Privacy on Social Media California law prohibits employer access to the personal social media accounts of its employees. “Social media” is defined as “an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet…

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Dress for Success

HOW TO ADDRESS THE EMPLOYEE DRESS CODE A well-written dress code and personal appearances policy clearly instructs employees on what type of business attire the company finds appropriate. Depending on the nature of the business enterprise or industry, employers may require employees to wear formal business attire every day. Some implement a more casual dress…

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WHEN IMAGE IS THE THING

Required Uniforms are Employer’s Responsibility Under California Labor Code section 452, employers may require workers to wear uniforms of a specified color, quality, texture, style and form so long as the employer provides and maintains them. See, Dress to Impress (July, 2011). Unless the clothing is commonly worn within a particular occupation and can be…

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PAST PAY IS PASSÉ

California’s Ban Clarified On Applicant Salary History Intended to eliminate traditional disparities in pay levels for the same or similar work, new California Labor Code section 432.3 prohibits employers from seeking an applicant’s salary history. See, What’s New 2018 – Salary History (December 2017). On the other hand, such employers must disclose a job position’s…

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PART-TIMERS IN CALIFORNIA

Same Rules for Rest Breaks, Meal Periods and Paid Sick Leave Hiring workers for shortened hours or for fewer days weekly does not absolve an employer from complying with the full range of workplace legal requirements.  In fact, greater attention may be required with part-time employees to avoid the wage and hour pitfalls. Paid Rest…

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If you are facing possible litigation or have an employee issue on which you need immediate guidance, call us to speak to one of our attorneys, or submit your question using our contact form.

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