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.
When 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.
It’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.
Compliance with immigration laws is getting increasing media and enforcement attention, putting more pressure on employers. And don’t forget the Supreme Court’s recent decision upholding “Arizona’s ‘business death penalty’ for employers who repeatedly hire undocumented workers.” As a result, employers need to be proactive and make affirmative strategic decisions on immigration issues in hiring.
Don’t let yourself or your clients fall into the common employment traps for the unwary! Do you know that do’s and don’t’s of hiring? What about common mistakes made in employee evaluations?
I had a great conversation with employment law expert and author Lori Ocheltree, a partner at Duane Morris in San Francisco, who shares her insights into some of the more risky areas of employment law.
In addition to Drafting Employment Documents for California Employers — an excellent, hands-on book — CEB is excited to have another new employment law title, Employment Damages and Remedies to help employment attorneys answer the key questions: What is that employment case worth? How much will it cost my client? And you can now get these books together with other CEB titles online in the Employment Law Library.