Archive for Hiring, Discipline & Termination

Governor Signs AB 1008 and Brings “Ban the Box” to Private Employers

Existing California law prohibits public employers (e.g., the State of California, cities, government agencies, public universities) from asking an applicant to disclose his/her prior conviction history until the applicant receives a qualified offer of employment.  This law is referred to as “ban the box” because it prohibits employers…

Governor Signs AB 168 Prohibiting Employers From Considering Salary History When Hiring

On October 12, 2017, California Governor Jerry Brown signed AB 168.  This new law, which becomes effective on January 1, 2018, will prohibit all employers in California from asking about, or relying on, an applicant’s prior salary history when deciding whether to offer a job and how much…

California Employer Notice Obligations — 2017 Update

Last month, I blogged about AB 2337 which requires all California employers to give yet another notice to all new employees — this time about the employee’s right to take leave related to domestic violence or stalking. You can find my blog post about AB 2337 here. This…

San Francisco Employers May No Longer Ask About or Consider Salary History

The San Francisco Board of Supervisors today approved a new ordinance that prohibits employers from asking candidates about their salary history.  The new ordinance, if signed by San Francisco Mayor Ed Lee as expected, will go into effect on July 1, 2018.  Referred to as the “Parity in…

How to Hire the Right Person

Recently, Adam Bryant of the New York Times published an excellent article on hiring entitled, “The Hiring Manager’s Guide to Hiring the Right Person.”  In speaking with over 500 corporate leaders for his “Corner Office” series, Mr. Bryant asked each of them, “How do you hire?”  Those conversations…

California Issues New Regulations Limiting Employers’ Use of Criminal History in Hiring Decisions

Back in 2012, I blogged about the federal EEOC adopting strict guidelines that limited an employer’s ability to make hiring decisions based on an applicant’s criminal history.  You can find my 2012 blog post here. In the aftermath of the EEOC issuing its new guidelines, many local jurisdictions…

San Jose Voters Approve Ballot Measure E

San Jose voters passed Ballot Measure E in the recent November 2016 elections.  This new law, sometimes called the “Opportunity to Work Ordinance,” requires that covered San Jose employers offer existing part-time employees additional work hours before hiring any temporary, part-time, or new workers.  The new law also…

Governor Brown Signs AB 2337 Adding Additional Notice Obligations on Employers

Earlier today, California Governor Jerry Brown signed AB 2337, a bill that requires employers with 25 or more employees to provide notice to employees of their right to take protected time off, without threat of termination or retaliation, for domestic violence, sexual assault, or stalking.  This notice must…

How to Terminate a Struggling Employee

In today’s Harvard Business Review, I came across a good article that discusses practical tips for how to professionally and respectfully terminate a struggling employee.  The employee is a good person, and was at one time a productive and positive team member, but things have changed and you…

Startups Prefer Employees Over Independent Contractors?

We’ve all heard the stories about how startups tend to prefer to classify their workers as “independent contractors” rather than “employees.”  Uber is a current and classic example of this legally risky phenomenon. But, according to today’s Business Insider, startups are apparently now second-guessing this strategy.  There’s a budding…