• PSEP

  • Categories

  • Archives

  • © The Regents of the University of California, 2010-2018. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

Can Employers Still Reject Applicants with a Criminal History?

woman interviewing job applicantWhen and how employers may consider criminal convictions continues to be a hot topic, both in California and nationally. Against this backdrop, AB 1008 amended the Fair Employment and Housing Act to preclude most employers from inquiring about an applicant’s criminal record or conviction history until after a conditional employment offer is made, and imposed new notice and disclosure requirements if this information is sought. Continue reading

The Pros and Cons of Using Independent Contractors

considering the pros and cons of using indepedent contractors instead of employeesWhen your client decides to use independent contractors instead of employees, you need to go over the advantages and disadvantages of choosing the independent contractor route. Continue reading

Does an Employer Have to Give Severance Pay?

The short answer is “No.” But this may not be the smart answer. Although there’s no legal requirement to provide departing employees with severance pay, employers should always consider doing so in exchange for a general release of claims the employee may have against the employer. 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

Yes, California Employers, It Really Is Time to Update Your NDAs

The following is a guest blog post by Tyler M. Paetkau, Hartnett, Smith & Paetkau, Redwood City, CA. Tyler represents employers in all aspects of employment and labor law, including counseling and litigation regarding trade secrets and unfair competition.

Now is a particularly good time for California employers to update and revise their agreements with employees respecting trade secrets and other confidential and proprietary information (NDAs), based on several recent, noteworthy legal developments. Review your NDAs and make these three changes. Continue reading

Heads Up Employers: New Law Limits Use of E-Verify

interview_80608276The following is a guest blog post by James C. Anderson of Triebsch & Frampton, APC, in Turlock, California. Mr. Anderson practices in the areas of labor law, employment law for management, business transactions, and civil litigation. 

Many California employers use the federal electronic employment verification system, better known as E-Verify, to validate whether the employees they hire are authorized to work in the United States. E-Verify has been a relatively easy and low-risk verification system to use, but that may change with a new law that penalizes the use of E-Verify to check the employment authorization status of someone who hasn’t been offered employment.  Continue reading

BYOD = BYOA (Aspirin)

ThinkstockPhotos-76800137The following is a guest blog post by Perry L. Segal, an eDiscovery attorney with more than 25 years of combined experience in law and technology. He regularly writes on the subject at eDiscovery Insights.

In a side-by-side comparison between the benefits and detriments of BYOD (Bring Your Own Device), there’s no doubt that allowing BYOD might seem likely to yield productivity gains and other benefits for the company. But from a technology-management standpoint, BYOD causes great difficulty. If I were consulted, here’s why I’d likely fall into the “against” group.

Continue reading

%d bloggers like this: