Tag: hiring

Employee Leasing, Part 1: Is Employee Leasing Right For You? What The Leasing Companies May Not Tell You

To save time and money administering employee benefits and payroll, a growing number of employers are turning to leasing—or outsourcing—employees rather than hiring them outright. In this special two-part series, we’ll look at whether employee leasing is right for you and explore some of its hidden pitfalls.

Age Bias: New Legislation Expands State Protections For Older Workers

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 […]

E-Alert Item: DOL Finds Sun Microsystems Violated H-1B Posting Requirements

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 […]

Disability Discrimination: Blanket Refusal To Rehire Discharged Employees Violates ADA; Would Your Rehire Policy Pass Muster?

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 […]

News Notes: New EEOC Fact Sheets Address Workplace Backlash Against Muslims And Arabs

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 […]

Independent Contractors: California Supreme Court Clarifies Whether You Can Be Sued When A Contractor’s Employee Is Injured On The Job; 5-Point Plan To Protect Yourself

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 […]

Foreign Workers: Tips For Hiring—And Firing—Workers On H-1B Visas

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.

Background Checks: Employer Whose Independent Contractor Murdered A Client Ordered To Pay $11.5 Million; Precautions To Take

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.

Recruiting Employees: Court Refuses To Enforce Out-Of-State Non-Compete Agreement; Practical Strategies

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 […]