Despite the U.S. Department of Homeland Security issuing a revised version of Form I-9, Employment Eligibility Verification, last year, many employers continue to use an outdated version of the form...
Employers must use...more
Passed in 2022 and effective January 1, 2024, Assembly Bill 2188 creates Government Code section 12954 to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of...more
11/17/2023
/ Cannabis Products ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
New Legislation ,
Recreational Use ,
State Labor Laws ,
THC
Beginning July 1, 2023, SB 731 will provide for the automatic sealing of certain felony criminal records. Arrests that do not result in conviction will also be sealed....more
On September 18, 2019, Governor Newsom signed Assembly Bill 5, thereby establishing a law that purports to prevent the misclassification of employees as independent contractors and provide “basic rights and protections they...more
9/20/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
Over the last few years we have seen “ban the box” laws enacted in various states and municipalities. In California, these laws limit the timing of an inquiry into a job applicant’s criminal history to after a conditional...more
Beginning September 21, 2018, employers must use the newly issued model Summary of Your Rights Under the Fair Credit Reporting Act form (or their own form based on the model) when providing the required written notice to an...more
The California Legislature is poised to dispense with a cost-effective and expedient method of resolving employment disputes. Specifically, Assembly Bill 3080 seeks to prohibit any person or business from conditioning...more
Last week the California Supreme Court issued a decision that changes the way California employers do business. In Dynamex Operations West, Inc. v. Superior Court, the Court held that a three factor test (called the “ABC...more
5/10/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour
The past year has been a busy one for passing employment-related legislation. Numerous new laws have gone into effect that impact how California employers manage and interact with their current, prospective, and former...more
4/12/2018
/ Ban the Box ,
DFEH ,
Employment Discrimination ,
FEHA ,
FEHC ,
Hiring & Firing ,
Job Applicants ,
Parental Leave ,
Salary/Wage History ,
Sexual Harassment ,
Transgender ,
Wage and Hour
Effective January 1, 2018, California Assembly Bill 168 (AB 168) prohibits asking job applicants about their salary history (including other forms of compensation and benefits), or otherwise seeking this information. Further,...more
Beginning January 1, 2018, Assembly Bill 1008 (AB 1008) will prohibit employers with five or more employees from inquiring about criminal history on an employment application or before making a conditional employment offer,...more
On July 17, 2017, the U.S. Department of Homeland Security issued a revised version of Form I-9, Employment Eligibility Verification, found here.
By September 18, 2017, employers must begin using this revised Form I-9 for...more
New regulations issued by the California Fair Employment and Housing Council (FEHC) impose additional limitations on an employer’s use of criminal history information, and expand the types of criminal history that employers...more
The recent Los Angeles Fair Chance Initiative for Hiring requires, among other things, that employers post a notice of the ordinance at job sites and workplaces. The City of Los Angeles has now provided the notice that must...more
In case you missed it, 2016 was a banner year for the California Legislature in enacting new employment laws. Here are the highlights...more
California law already prohibits employers with 25 or more employees from discriminating or retaliating against employees who take time off work for specified purposes related domestic violence, sexual assault, or stalking....more
Effective January 22, 2017, the Los Angeles Fair Chance Initiative for Hiring will prohibit most employers in the City of Los Angeles from inquiring about a job applicant’s possible criminal history until an initial job offer...more
Effective January 1, 2017, Assembly Bill 1843 prohibits hiring-related inquiries concerning juvenile convictions or from using information regarding juvenile court actions or custodial detentions as a factor in determining...more
Consistent with a national trend, the Los Angeles City Council’s Economic Development Committee voted last week in favor of a new law prohibiting most employers from inquiring about a job applicant’s possible criminal history...more
THE INCREASING DANGER OF BACKGROUND CHECKS -
New Laws and Emerging Privacy Rights Complicate an Already Difficult Process.
The intersection of privacy laws and employment practices can be a dangerous one. Employers...more
8/26/2015
/ Background Checks ,
Ban the Box ,
Credit Reports ,
Criminal Background Checks ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
FACTA ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Screening Procedures ,
Sex Offender Registry
Abercrombie & Fitch’s “Look Policy” Needs A Makeover After The Supreme Court Looked At It -
The Abercrombie & Fitch clothing company is famous for their scantily clad models with six-packs and very little actual clothing...more
6/9/2015
/ Abercrombie & Fitch ,
Appearance Policy ,
Disparate Impact ,
Disparate Treatment ,
EEOC v Abercrombie ,
Hiring & Firing ,
Job Applicants ,
Minimum Wage ,
Reasonable Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII
Any California employer that has been in hiding the last six months or more may not be aware that California’s minimum wage increases to $9 per hour from the existing minimum wage of $8 per hour on July 1, 2014. In addition...more
Many employers are familiar with the concept of constructive wrongful termination, a legal theory invoked by plaintiffs who claim that they were forced to quit as a result of intolerable and illegal working conditions. But...more
A few months ago I posted a blog article that outlined the basic rules on when a terminated or resigning employee must be paid his or her final wages in the State of California (“Payments Upon Termination of Employment: Is...more
In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back...more