Hold the Line on Over-the-Top Halloween Costumes All Hallows’ Eve. That spooky time of year when witches, vampires and zombies roam the land. From management’s perspective, however, the scariest Halloween costumes are those which are too revealing or are otherwise offensive to others in the workplace. For example, earlier this year a lingerie website began […]
SILENCE IS NOT FOR SALE Hush Money for Sexual Harassment, Assault and Retaliation Now Prohibited in California Effective January 1, 2019 In response to the #MeToo and #WeSaidEnough movements and effective January 1, 2019, California Code of Civil Procedure (CCP) 1001 bans settlement agreements prohibiting public disclosure of “factual information” related to any civil lawsuit […]
Political Speech and the Workplace California employers must not discriminate against workers based on political activities, affiliations or speech. Particularly during an election season, employers should re-familiarize themselves with these laws: California Labor Code section 1101 bans employers from making, adopting or enforcing any rules or policies that: (i) forbid or prevent employees from engaging […]
EEOC Sues California Grocery Store for Disability Discrimination On September 28, 2018 the Equal Employment Opportunity Commission (EEOC) announced it has filed a law suit against Central California grocery store, PAQ, Inc. dba Rancho San Miguel Market for alleged violations of the federal Americans with Disabilities Act (ADA). The agency contends that in 2016, a […]
Electronic Surveillance in the Workplace Many California businesses install on-premises video surveillance equipment to improve operations through the security of premises. Electronic surveillance can deter, prevent or help resolve theft, physically threatening incidents or other dangerous conditions or situations. Under California’s state constitution, all persons are entitled to a reasonable expectation of privacy from government […]
Hearing Disabled Applicants Deserve Equal Consideration The federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) prohibit discrimination against persons with disabilities. An employer may not refuse to hire an otherwise qualified person because of a disability unless it is an insurmountable impediment to performing the job in question. On […]
Don’t Skimp on Workplace Safety Measures Once again, Cal/OSHA has cited an employer for the death of an employee resulting from ignored safety measures. In March 2018, a GreenWaste Recovery, Inc. garbage collection worker was driving on the right side of a waste collection truck in San Jose. While making a turn, he fell out […]
How Not to Make a First Impression Human resources professionals have limited time and attention to review job resumes. According to an August 24, 2018 nationwide CareerBuilder survey of more than 1,100 industry-wide hiring managers and HR professionals, the majority spend less than a minute looking over the typical offering. According to the survey, job-seekers […]
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 […]
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 […]