Practical HR Tips, News & Advice. Updated Daily.
Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in […]
The federal Department of Labor has found that Sun Microsystems in Santa Clara failed to comply with a rule requiring posting notices regarding hiring workers under the H-1B visa program. The DOL has now ordered Sun to display the notices, but hasn’t assessed any penalties or fines because it found that the posting violations weren’t […]
Suppose a former employee applies for a position with your company. You check their personnel record and discover the person was terminated. Following standard company procedure not to rehire previously discharged employees, you reject the person’s application outright.But the applicant turns around and sues you under the federal Americans with Disabilities Act, claiming you really […]
The California Supreme Court has issued a new ruling that gives religious institutions broad reign to discriminate in the workplace based on religion. We’ll explain this decision’s uncertain impact.
Responding to a surge of discrimination complaints from employees of Middle-Eastern descent following the events of Sept. 11, the U.S. Equal Employment Opportunity Commission has released two new fact sheets to answer questions about the employment of Muslims, Arabs, South Asians and Sikhs. One fact sheet is geared toward employers, the other for employees. The […]
For several years, the California Supreme Court has wrestled with the issue of when the employee of an independent contractor can sue the company that hired the contractor for on-the-job injuries rather than just collect workers’ compensation benefits. Now the high court has issued two new opinions further clarifying when you can be sued for […]
Many employers that hired foreign workers on H-1B visas during boom times are now struggling with how to lay them off in light of the economic downturn. And other employers are contemplating hiring H-1B visa holders who are now looking for work. We’ll detail your special obligations when hiring or terminating workers on H-1B visas.
A recent verdict against an employer that failed to properly screen an ex-convict serves as a serious warning: You need to thoroughly check applicant backgrounds before putting someone to work as an employee or independent contractor. We’ll offer tips to help you prevent the problems one company faced.
In California, most agreements that restrict employees from competing with former employers are illegal and California courts won’t enforce them. But what if you want to hire someone who signed a non-compete provision with an employer in another state that does recognize these agreements? A California Court of Appeal has confirmed that California employers aren’t […]
Many employers don’t know they may have Americans with Disabilities Act obligations when they hire temps or other contingent workers through a staffing agency. New Equal Employment Opportunity Commission guidelines hold employers and staffing agencies—including temporary employment agencies, contract firms and employee leasing companies—jointly responsible for ADA compliance. Employment Offers And Disability-Related Questions The staffing […]