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
human resources
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
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
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
What Not to Do When Terminating an Employee
Employers can substantially minimize the risk of wrongful termination litigation by ensuring that employees are treated fairly in the termination process. Here are the mistakes most often made by employers in the termination process and what to do instead. Continue reading
How to Write a Personal Leave of Absence Policy
In addition to vacation leave or paid time off, some employers offer personal leaves of absence. There’s no legal requirement to provide such leave, but many employers offer it, albeit with limitations. Continue reading
How to Respond to a Whistleblower
When it comes to a whistleblowing employee, how the employer responds can make all the difference. An inappropriate response can put an employer in legal jeopardy. Continue reading
Protect Trade Secrets with This Exit Interview Checklist
When it comes to protecting an employer’s confidential and trade secret information, the importance of a comprehensive exit interview can’t be overstated. Continue reading
Can Employers Control How Employees Take Vacation?
California employers have considerable control over when and how employees use their accrued vacation time, but there’s a major caveat. Continue reading
