Posts Tagged ‘hiring employees’
BANNED BOX AND BEYOND
San Francisco Employers Must Give Former Convicts a Fighting Chance Joining a growing movement of 12 states and more than 60 cities with “ban the box” laws, i.e., deleting the typical criminal history check box often seen on employment applications, San Francisco’s Fair Chance Ordinance (FCO) goes into effect August 13, 2014. Arguably the strictest […]
INDEPENDENT OR EMPLOYED?
Classifying Workers Correctly is a Case-by-Case Challenge There are economic risks for an employer who misclassifies a worker who should be employed as an independent contractor. A wide range of California and federal agencies have the power to impose back taxes, interest and penalties upon companies who unsuccessfully attempt the tactic. California placed greater deterrents […]
CALIFORNIA’S EXPANDED IMMIGRATION-RELATED PROTECTIONS
New for 2014 While employers are barred by federal law from knowingly employing unauthorized immigrants, companies are also barred from treating any immigrant unfairly, whether or not authorized to work in the U.S. New California laws for 2014 provide the strongest anti-retaliation protections for immigrant workers in the country. This legislation penalizes employers who threaten […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS 2014: MILITARY AND VETERAN STATUS
Protected Against Workplace Discrimination, Harassment Beginning on January 1, 2014, California’s Fair Employment and Housing Act (FEHA) will protect an individual’s “military and veteran status” against employment discrimination and harassment. This new FEHA provision defines military and veteran status as “a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, […]
U.S. GOVERNMENT SHUTDOWN AFFECTS KEY EMPLOYMENT-RELATED AGENCIES
With political finger-pointing at a fever pitch, the federal government effected a partial operational shutdown on October 1, 2013. The closures continue into a second week with no end in sight. Several employment related agencies are affected. The Department of Homeland Security (DHS) provides a free, web-based system (E-Verify) that permits employers to check a […]
WHO IS AN “EMPLOYEE” UNDER CALIFORNIA’S ANTI-DISCRIMINATION LAW?
Some Volunteers May be Covered The California Court of Appeal has decided that the state’s workplace anti-discrimination law did not protect a former Los Angeles Police Department volunteer police reserve officer. Estrada v. City of Los Angeles, published July 24, 2013. However, the result would likely be the opposite for a private business in similar […]
PROVING WORKPLACE DISCRIMINATION IS NOW MORE DIFFICULT IN CALIFORNIA
State Supreme Court Issues an Employer-Favorable Decision in a “Mixed Motive” Case In February, 2013, the California Supreme Court decided that even where illegal discrimination (e.g., racial, gender, age, religion) was one of a number of motivating factors in terminating a worker, the employer will not be liable for damages if it can show the […]
USING CRIMINAL RECORDS IN JOB SCREENING
Recent Federal Guidelines on Preventing Discrimination It is nearly a given that employers will ask for an applicant’s criminal conviction record in the hiring process. However, past guilt for a crime is not always a legitimate factor in the employment decision. For example, a conviction for a decades-old traffic offense might well be irrelevant on […]
CALIFORNIA WAGE THEFT PROTECTION ACT
State Reveals Its Template for Notice to All Newly Hired Employees Our October 21, 2011 blog “Added Notice Requirement for California Employers” alerts employers to a required notice to newly hired workers, effective January 1, 2012, specifying basic but vital information. Under the Wage Theft Protection Act (Assembly Bill [A.B.] 469), the notice must include: […]
NATIONAL ORIGIN DISCRIMINATION
Best Practices for Fair and Equal Employment In our richly diverse society, it is perhaps no surprise that national origin workplace discrimination claims have been increasing steadily across the country since 2001. It is unlawful for business to make a significant employment decision – e.g. hiring, advancing, demoting, or firing – based on a worker’s […]