OBTAINING APPLICANT CRIMINAL HISTORY

California employers use background investigations to obtain useful information about prospective candidates. An applicant’s criminal background is part of that process. However, employers must understand the legal parameters of obtaining and using criminal history....

DRAFTING LAWFUL VACATION POLICIES

California employers do not have to offer employees vacation, or “PTO” (paid time off).  Many employers choose to do so, because time away from work not only benefits employees, but also can improve productivity, inspire loyalty, and reduce “burn-out.” Once employers...

FIRING EMPLOYEES WHO SPEAK OUT

Social media outlets like Facebook and Twitter have made it easier for employees to speak publicly to broad audiences.  Recent data indicates over three-quarters of American employees access one or more forms of social media.   Employers may be wary of their...

“HOSTILE ENVIRONMENT” CREATED BY EMPLOYER’S RESPONSE?

State and federal laws require employers to take appropriate steps to prevent and correct discrimination and harassment.  Harassment is unwelcome conduct based on a protected characteristic, such as age, disability, race, religion, or sex.  Harassment is unlawful if...

NEW ‘NATIONAL ORIGIN’ DISCRIMINATION REGULATIONS

Discriminating against job applicants or employees based on national origin has long been unlawful under both federal and California law. The term “national origin” is not limited to one’s country of birth. But what other characteristics are included within the term?...

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