Tag: hiring

Employment Law Tip: Do Your Hiring Ads Screen Out Older Workers?

As the American workforce ages, the potential for running afoul of age bias laws is increasing for employers. As a result, all employers should consider how they can alter their policies and practices to reduce their risk of getting hit with an age bias suit. One place to begin is to review your hiring practices, […]

Military Leave: DOL’s Draft Rules Clarify Reemployment Protections for Veterans and Reservists

The U.S. Department of Labor (DOL) reports that it has received complaints from thousands of returning military personnel about their reemployment rights under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). To better educate employees and employers about their rights and obligations under this law, the DOL has released draft regulations designed to […]

News Bulletin: New CEA Board Member

We are pleased to welcome Shawna Swanson, the newest member of our Editorial Review Board. Ms. Swanson, a partner in the San Francisco office of Fenwick & West, has represented employers in litigation relating to harassment, wrongful termination, and employment discrimination. Ms. Swanson also provides advice to employers concerning personnel policies, wage and hour laws, […]

Hiring Employees: EEOC Proposes Definition Of Who’s An Applicant For E-Cruiting Purposes, Part 1; What You Should Know

In response to the meteoric rise of Internet-related high-tech recruiting, the U.S. Equal Employment Opportunity Commission (EEOC), working with several other federal agencies, has released long-awaited proposed guidelines defining who employers must count as an applicant to comply with federal recordkeeping and affirmative action rules. In this first installment of our two-part series on the […]

Truth in Hiring: New Case Highlights Need for Caution When Recruiting Applicants Who Will Relocate; Don’t Make Promises You Can’t Keep

Years ago, the California Supreme Court opened the door for workers to bring high-stakes lawsuits claiming employers induced them to take jobs based on false promises about the position or the company’s health. Since then, employees have filed a steady stream of claims alleging employer fraud in the hiring process—and many have won multimillion-dollar verdicts. […]

Workplace Investigations: New Law Clears Way For Employers To Use Outside Investigators; What You Need To Know

For several years, employers have struggled with whether they have to comply with the Fair Credit Reporting Act’s (FCRA) detailed notice and disclosure rules when they use outside experts to investigate employee misconduct, such as harassment. The uncertainty stemmed from a now infamous opinion letter from the Fair Trade Commission that stated reports prepared by […]

News Notes: Federal Contractor Enters Half-Million-Dollar Settlement Of Gender Bias Claims

Monrovia Nursery in Visalia, which sells plants and plant materials to federal agencies, has agreed to pay out more than $511,000 to 240 women who alleged that the company’s hiring practices discriminated against qualified female applicants. The settlement grew out of a compliance review by the Labor Department’s Office of Federal Contract Compliance Programs.

Legislation Special Report: Wage And Hour

Wage and Hour Appeals AB 223 makes it harder for employers to recover attorney’s fees and costs in connection with an employee’s appeal from a labor commissioner wage and hour ruling. If the court awards the employee a sum greater than zero in the appeal, the appeal is successful and the employer can’t recover its […]