On March 25, 2014, the U.S. Supreme Court ruled 8-0 in United States v. Quality Stores, Inc. that severance payments made to involuntarily terminated employees are taxable “wages” subject to FICA taxes. This decision resolved a split among lower federal courts which left some employers uncertain whether to…
As predicted, on February 17, 2014 San Francisco Mayor Ed Lee signed the San Francisco Supervisors’ “Ban the Box” ordinance. This means that employers, contractors, and affordable housing providers will have very limited use of criminal background checks in vetting employees or tenants in San Francisco. This new…
On February 11, 2014, the SF Board of Supervisors unanimously passed a new ordinance barring most employers and housing providers from (1) asking applicants to disclose their criminal background in the application process, and (2) using criminal background history or records in the employment or housing selection process….
On August 6, 2013, the U.S. Court of Appeals for the Ninth Circuit upheld $173,250 in penalties against an employer for failing to maintain correctly completed I-9 forms for newly hired employees. The employer, a drywall company, was notified by Immigrations and Customs Enforcement (“ICE”) officials that it was conducting…
A little over a year ago, I told you that the EEOC published new guidelines for how an employer should (1) handle inquiries into an applicant’s prior arrests and convictions, and (2) make employment decisions based on an applicant’s prior criminal record. You can find my blog post…
I am often retained to recruit executive and professional-level employees for companies. I use a specific process that goes way beyond asking standard questions like, “What did you like about your last job?” or “Why do you want to work here?” Those questions aren’t all that helpful in…
The Department of Homeland Security (DHS) recently issued a new federal I-9 form. This is the form that all employers must use in order to verify a new employee’s eligibility to work in the United States. Employers can continue to use the old I-9 form only until May…
The U.S. Department of Homeland Security (DHS) announced that, beginning sometime in the next 60 days, certain undocumented individuals who have continuously resided in the United States for at least 5 years will be eligible for “deferred action” from deportation and will be given work permits for 2…
The Equal Employment Opportunity Commission (EEOC) recently published new guidelines for how employers should (1) handle inquiries into arrest and criminal conviction records of applicants and employees, and (b) make employment and hiring decisions when criminal backgrounds are part of the consideration. The full text of the EEOC’s…
On October 10, 2011, Governor Brown signed Assembly Bill 22 (“AB 22”) which limits the ability of California employers to rely on an applicant’s or employee’s credit report or other credit history when making employment decisions. This represents a major change in California employment law. What is A.B….