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Checklist: Make Sure Employment Practices Comply with IRCA

Employers often find that ensuring compliance with the Immigration Reform and Control Act (IRCA) can be tricky. This handy checklist will help employers who are establishing their practices and will serve as a confirmation tool for those employers who believe they have a compliant practice. Continue reading

Do CA Employers Have to Give Time Off for Religious Holidays?

The short answer is probably. No California law requires private employers to provide employees paid or unpaid time off for secular or national holidays (although many do), but when it comes to religious holidays, there’s a different legal landscape. Continue reading

Should Employers Use Progressive Discipline?

Employment in California is presumed to be terminable “at will,” i.e., employees can be fired for any reason (unless it’s an illegal reason) without warning. See Lab C §2922. This often comes as a surprise to employees who expect to get notice before their employment is terminated. That some employers adopt progressive disciplinary policies may make it even more confusing. Continue reading

Unlimited Vacation?

Some employers have stopped giving exempt employees a specific amount of vacation each year and have instead adopted “unlimited vacation” policies. This sounds like great news for employees, but it may actually be better news for employers. Continue reading

Should Employers Use Intelligence and Personality Tests in Hiring?

When vetting job applicants, employers want to use as many tools as possible. In addition to testing for particular skills, employers may consider intelligence or personality tests. But these types of tests may be a bad idea: they have questionable benefits and can put the employer in legal hot water. Continue reading

What CA Employers Need to Know About Using Foreign Labor Contractors

To combat the trafficking and exploitation of foreign workers, the California Legislature enacted SB 477 in 2014 to strengthen regulations on “foreign labor contractors” who recruit foreign workers to relocate to California. See Bus & P C §§9998–9998.11. The law put most of the compliance burden on the labor contractors, but there are implications for employers, too. Continue reading

Employer Checklist: Responding to Request for an Assistive Animal

A possible accommodation for an employee’s disability may be the use of an assistive animal in the workplace. What considerations should go into deciding whether to allow this accommodation? Here’s a handy checklist to help employers respond—keeping in mind that they have only 10 days in which to do so. Continue reading

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