Employee Leave Law F.A.Q.s

It can be very confusing to calculate entitlements under employee leave laws—particularly the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)—and even more complicated trying to figure out how the laws interact with each other. Continue reading

Play Fair: Guidelines for New Employees Hired from a Competitor

505283113It’s common for customers or clients to want to stick with the person who has been handling their account even when that person moves to a different company. But this situation can create serious issues around trade secrets and unfair competition. So, whenever you hire someone from a competitor, give that new employee guidelines to follow—it will save everyone legal headaches. Continue reading

Employers: 9 Provisions You Need in a Whistleblower Policy

ThinkstockPhotos-497691905A potential whistleblower need only run a quick Internet search to find many attorneys ready to take his or her case. Knowing this, employers need to be proactive: Any employer handbook or policy and procedures manual should include provisions aimed at educating all workers about the rights and obligations of whistleblowers. Continue reading

Who’s an Independent Contractor in the New Economy?

ThinkstockPhotos-86492263Updated June 17, 2015: The California Labor Commission has found that a driver for Uber in San Francisco is an employee of the company.

Deciding whether to treat workers as employees or independent contractors is tricky in general and even more so in the context of the new so-called sharing economy. In recent decisions, courts have refused to resolve whether the drivers for Lyft and Uber should be treated as employees or independent contractors, leaving it for juries to tackle the question. And the answer could majorly impact the companies’ highly successful business model. Continue reading

Should You Check a Job Applicant’s Social Media Posts?

178161035Employers are wondering whether browsing public social media sites to learn more about a job applicant is worth the potential risks. A CareerBuilder survey found that 39% of employers use social networking sites to research job candidates, but do the other 61% have good reasons to stay away?  Continue reading

Checklist to Keep Employee Discipline on a Legal Track

533402213Employers walk a fine line when it comes to employee discipline: they must enforce their rules while also protecting employee rights. Target seems to have missed the mark recently—a lawsuit alleges an employee committed suicide after his public shaming that was part of discipline following an accusation against him of theft. To help employers stay on track, apply this discipline checklist in every situation. Continue reading

10 Steps to Hiring Without Violating Disability Discrimination Laws

stk205067rkeRegardless of whether a job applicant has an apparent disability, employers should always follow these 10 steps to reduce the risk of liability for running afoul of the anti-discrimination provisions of the ADA or the FEHA. Continue reading

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