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California Employers: Beware More Stringent Criminal Background Check Requirements

A Ninth Circuit Court of Appeal’s ruling has made already strict background check requirements even more stringent. The court held that the disclosure required under the federal Fair Credit Reporting Act (FCRA) can consist only of the FRCA disclosure; it can’t contain any additional information, including the disclosure required under California’s Investigative Consumer Reporting Agencies Act …

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Workers’ Compensation Insurance Is Not Optional

The California Labor Commissioner’s Office reminds employers that they must maintain valid workers’ compensation insurance coverage for all workers, including part-time employees. Employers should also be sure their insurance company is licensed to sell insurance in California. In December, the California Department of Insurance issued a $4.3 million penalty to two companies for not being properly licensed. Employers need …

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Get Permission in Writing Before Posting Employee’s Photo Online

Can I choose to post photos of my employees on my company’s website and social media page? Do I need each employee’s consent first? What if an employee refuses?  Posting photos of your employees on the internet can raise serious privacy concerns in California. Some employees may be happy to see their smiling faces online, …

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Federal OSHA, Cal/OSHA Add Another Layer of Paperwork

Now that I have to file Form 300A electronically, what do I do with the hard copy? The recent requirement to submit Form 300A data electronically doesn’t relieve employers of the responsibility to post the hard copy Form 300A each year. Each establishment (place of business) must post the Form 300A from February 1 to …

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Warnings to Employee with Bad Attitude Should Focus on Specifics

We would like to terminate an employee who has a bad attitude that rubs off on other employees. However, we haven’t given him any warning. Is it safe to let him go? Although California is at “at-will” state, meaning employment may be terminated by either the employer or employee on notice to the other, that …

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Extending a Reasonable Accommodation Requires Interactive Process

A California credit union will pay over $27,000 in lost wages and emotional distress to a former employee after she was terminated for requesting an extension for a modified work schedule due to her disability. The California Department of Fair Employment and Housing (DFEH) settled with the credit union after finding cause to believe a violation of …

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Potential Family Leave Act Factors in Time Off for Grandchild’s Birth

My employee wants to take federal Family and Medical Leave Act (FMLA) leave when her daughter has a baby. Can I deny her request? Typically, an employee asking for time off work to be with her adult daughter for the birth of a child would not be a basis for FMLA, absent some extenuating circumstances. …

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Labor Commissioner Releases “Blacklist” of Port Trucking Companies

A new law, SB 1402, went into effect on January 1 of this year and imposes joint liability on client employers who hire port drayage motor carriers (port trucking companies) with certain unpaid employment-related judgments. Under Labor Code section 2810.4, a “port drayage motor carrier” includes any company or individual that hires or engages commercial …

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OSHA Deadline for Employers to Submit Form 300A is December 31

The Office of Administrative Law (OAL) recently approved the Department of Industrial Relations’ Division of Occupational Safety and Health’s (the Division) proposed emergency amendments to sections 14300.35 and 14300.41 of Title 8 of the California Code of Regulations. These amendments require specific California employers to submit electronically certain occupational injury and illness information to the federal Occupational Safety and Health Administration …

OSHA Deadline for Employers to Submit Form 300A is December 31 Read More »

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