Tag: hiring

Q&A on background checks for employment in California

Do state laws that require licensing – which often includes deep background screening – trump federal laws that limit background checks?

Can employers utilize information obtained from sources like Megan’s Law websites? (Megan’s Law is a commonly-used term for laws that relate to the creation of sex offender registries for public knowledge. Megan’s Law websites could be any site that lists sex offenders.)

What happens if a recently-hired employee talks about crimes committed that were not explored at the time of the application process?

New regulations toughen requirements for federal contractors

Federal contractors soon will have to establish benchmarks for hiring veterans and employing individuals with disabilities as a result of two new rules from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP). The new regulations are expected to be published in the Federal Register within the next couple of weeks, […]

Contractors Must Implement Hiring Goals for Workers With Disabilities, Veterans

Federal contractors and subcontractors must soon meet a hiring goal for workers with disabilities, the U.S. Department of Labor announced Aug. 27. New regulations have been finalized that will, among other things, require contractors to ensure that workers with disabilities make up 7 percent of their workforces. In addition to the hiring goal, the rules require that […]

Employee Who Left Drug Rehab Not Entitled to ADA, FMLA Protections

An employee who abused drugs and then failed to complete a rehabilitation program was not entitled to job protection by the Americans With Disabilities Act or the Family and Medical Leave Act, the 5th U.S. Circuit Court of Appeals ruled. ADA does not protect illegal drug users who are not seeking treatment, and FMLA does […]

What Rights Do Part-Timers Have?

What Is Considered ‘Part-Time’ Employment? There is no state or federal employment law that defines the term “part-time” or specifies the number of hours an employee must work per week to be considered part-time as opposed to full-time. Many employers classify part-time employees as those who regularly work fewer than 30 hours per week.

Finding a way to drive gender diversity in STEM fields

Most employers would agree that STEM careers—jobs in science, technology, engineering, and mathematics—are on the upswing in both numbers and importance. Most also would agree that there are far more men than women in STEM jobs. A 2011 report from the U.S. Department of Commerce, “Women in STEM: A Gender Gap to Innovation,” signals a […]

EEOC Says FBI Must Reconsider Special Agent With Vision Impairment

The U.S. Department of Justice discriminated against an individual with a disability in its hiring process, in violation of the Rehabilitation Act of 1973, the U.S. Equal Employment Opportunity Commission has found. EEOC determined that DOJ ran afoul of the law, which prohibits disability discrimination by entities receiving federal funds, when it rescinded a conditional […]

When is commuting time compensable work time in California?

Most California employers do not expect to have to pay employees for commuting time. However, there are some important exceptions to this rule. Some of these are fairly straightforward, such as commuting time when the employee is called back in for an emergency. Others are less clear, such as when an employee is driving a […]

Creating a drug testing policy in California

Creating a drug testing policy in California is often considered to be critical in ensuring employee safety. However, must comply with both state and federal laws when putting the policy together. How can you establish an effective program that doesn’t cause potential legal headaches down the road?