7 Topics Not to Discuss with a Job Applicant

When it comes to job applications and pre-employment interviews, there are certain topics that are off limits.  Here are seven topics to stay away from. Continue reading

6 Ways Employers May Inadvertently Engage in Age Discrimination

Employers generally can’t use an applicant’s age as a hiring criterion without violating California’s Fair Employment and Housing Act (see Govt C §12940(a)) and the federal Age Discrimination in Employment Act of 1967 (29 USC §§621–634). Most employers know this and make sure not to ask about the applicant’s age. But they often ask other questions or include language in a job posting that run afoul of the law. Continue reading

Law Is Clarified on Using Prior Salary of Job Applicants

In 2017, California enacted a law precluding employers from asking about prior salary history and requiring employers to give applicants, on reasonable request, the pay scale for a position. This law raised many questions for employers, including who’s “an applicant,” what’s a “pay scale,” and what constitutes a “reasonable request?” Now we have the clarifications. Continue reading

When Must Employee Travel Time Be Paid?

The following is a guest blog post by Richard J. Simmons of Sheppard Mullin in Los Angeles. He represents employers in various labor and employment matters.

California law establishes unique rules governing when time spent is compensable “hours worked.” How these rules are applied to travel time is continuing to evolve. Continue reading

DOL’s Proposal for Exempt Employees Doesn’t Meet CA’s Standard

The following is a guest blog post by Richard J. Simmons of Sheppard Mullin in Los Angeles. He represents employers in various labor and employment matters.

The U.S. Department of Labor (DOL) has proposed a new salary standard for exempt employees under the federal wage and hour law. But it falls below California’s standard. Continue reading

7 Things to Include in a Grievance Policy

An internal grievance procedure can be an effective tool for preventing wrongful termination lawsuits. Most employers have some form of grievance procedure in place, but few are used by employees and, when used, they’re often ineffective. Try including some or all of the following elements for an internal grievance policy that will actually work. Continue reading

15 Provisions to Include in an Independent Contractor Agreement

Hiring an independent contractor? Make sure to have a contract that will increase the defensibility of the independent contractor relationship—because if you can’t defend it, you will pay dearlyContinue reading

Checklist to Ensure Compliance with Disability Discrimination Laws

Every employer should have a program in place to ensure compliance with the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). The following checklist of steps for employers to take could, at a minimum, constitute such a program. Continue reading

Limits on Reinstatement After Employee Leave

When an employee’s leave is over, is there always a right to be reinstated? Short answer: Usually. But there are notable limits on reinstatement. Continue reading

New Year, New Laws for Employment Lawyers

Were you able to keep track of the new legislative changes that affect California employers and employment lawyers? Don’t worry, we did and here are some of the key statutory changes you need to know about.  Continue reading