Tag: california hr

Bipolar disorder as a disability: What are employer’s obligations?

With the ADAAA’s final regulations, new physical and mental impairments are considered disabilities, including impairments related to an employee’s mood and emotional state. Bipolar and other mental disorders are now specifically listed in the statute and in the accompanying regulations. Even if it weren’t listed in the statute as a disability, bipolar disorder would clearly […]

Top 10 trends in background checks for employment

Should you conduct background checks for employment? California employers are understandably wary, with recent lawsuits alleging that background checks can have a disparate impact on protected groups. However, background checks can be a great resource. They provide an opportunity to learn more about potential employees and to investigate whether applicants have lied, stolen, or otherwise […]

Social media policies vs NLRB: Where does conflict arise?

Social media policies may seem like an odd choice for investigation by the National Labor Relations Board (NLRB). However, the two have become increasingly intertwined because the NLRB has become very aggressive with social media policies in recent years. The NLRB is particularly concerned with any policies and disciplinary actions that infringe on employees’ rights […]

Social media in the workplace: What is California’s AB 1844?

Social media in the workplace can be a double-edged sword. On one hand, employers seek to restrict its use by employees. On the other, employers are finding that it can be a great tool in employment screening. But where does public data cross privacy boundaries? What can and can’t California employers do when it comes […]

Employee monitoring policies in California: Special considerations required

When crafting your employee monitoring policy, what are the legal limits for just how far you can go? Are California employers subject to increased restrictions since the California constitution has greater privacy protections? Unsurprisingly, the answer is yes. And in addition to that, a new law just went into effect banning employer access to private […]

Social media in the workplace: Does California prohibit online background searches?

Legislation surrounding the use of social media in the workplace is a growing concern for California employers. “There are probably more questions than answers at this point. We predict that the rise in litigation – particularly in California – around these social media rules and regulations is really going to take off in the next […]