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 […]
Maria D. (as she was referred to in court documents) claimed that late one night as she drove along the Pacific Coast Highway in Southern California, she was pulled over by an on-duty Westec Residential Security guard wearing a uniform and gun. The guard allegedly pointed a spotlight in her face, asked for her license, […]
Grappling with a chronic shortage of computer programmers and other skilled workers, the high-tech industry successfully lobbied long and hard for an expansion of the H-1B visa program. Employers should face fewer delays in hiring foreign professionals now that Congress has raised the annual limit on H-1B work visas and changed the rules to make […]