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Social Media Octopus—8 Tentacles Every HR Manager Must Master
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california background check
Employee background checks in California are important to get right - otherwise you can open yourself up to a claim of negligent hiring. At the same time, you must respect employees' privacy rights.
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Recent Posts
Blog Post:
Social media background checks? 'I'm Not a Fan'
Jennifer Carsen, Esq.
“Social media background checks are a hot item,” says attorney Kevin McCormick, “but I’m not a fan.” Sneaky, Low, Invasive Furthermore, social sleuthing smacks of “sneaky,” “low,” and “invasion,” says McCormick. “One thing I know...
on
26 Apr 2013
Blog Post:
Top 10 trends in background checks for employment
Jennifer Carsen, Esq.
Should you conduct background checks for employment? California employers are understandably wary, with recent lawsuits alleging that background checks can have a disparate impact on protected groups. However, background checks can be a great resource. They provide an opportunity to learn more about...
on
8 Feb 2013
Blog Post:
Social media in the workplace: What is California's AB 1844?
Jennifer Carsen, Esq.
Social media in the workplace can be a double-edged sword. On one hand, employers seek to restrict its use by employees. On the other, employers are finding that it can be a great tool in employment screening. But where does public data cross privacy boundaries? What can and can’t California employers...
on
1 Feb 2013
Blog Post:
Social media in the workplace: Does California prohibit online background searches?
Jennifer Carsen, Esq.
Legislation surrounding the use of social media in the workplace is a growing concern for California employers. "There are probably more questions than answers at this point. We predict that the rise in litigation – particularly in California – around these social media rules and regulations...
on
25 Jan 2013
Blog Post:
Fingerprint Checks and Reference Checks in California
Jennifer Carsen, Esq.
Yesterday , we got some insights on background checks from Jared Callahan, a licensed private investigator and the director of client services for Employment Screening Resources (ESR) in Novato. Today, his thoughts on two more common “checks”: fingerprint checks and reference checks. Q. We're...
on
18 Sep 2012
Blog Post:
What Sort of Screening Should You Do on Various Employees?
Jennifer Carsen, Esq.
One size does not fit all when it comes to background checks—which can make things tricky when you try to standardize your procedures. Which applicants get which checks? For example, who gets a criminal background check? Motor vehicle? Credentials verification? For answers to these questions, we...
on
31 Aug 2012
Blog Post:
Background Checks for Employment and Personally Identifiable Information
Jennifer Carsen, Esq.
California has a unique set of rules for background checks for employment that go beyond the other 49 states and the federal Fair Credit Reporting Act (FCRA). If you’re an employer in California, it’s important to follow the rules to the letter, since applicants can sue for up to $10,000...
on
24 Apr 2012
Blog Post:
Background Checks in California: Compliance with a Whole Different Set of Rules than the Rest of the Country
Jennifer Carsen, Esq.
By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) You have heard it said before many times in both positive and negative ways: California is different. One example is that California has unique rules for background checks that go beyond the other 49 states and the federal...
on
29 Feb 2012
Blog Post:
Are You Making These Common Hiring Mistakes?
Jennifer Carsen, Esq.
Yesterday , we looked at the first 5 of our "Top 10" list of common hiring mistakes made by California employers. Today, the rest of the Top 10 – plus an upcoming webinar you won't want to miss. [ For mistakes 1-5, click here.] 6. Not using offer letters Offer letters, like job descriptions...
on
27 Sep 2011
Blog Post:
Top 10 Hiring Mistakes Made By California Employers
Jennifer Carsen, Esq.
Given the recent state of the economy, most employers have been more concerned with how to conduct effective layoffs than with avoiding mistakes in the hiring process. Yet as the economy gradually (if fitfully) shows signs of improvement, companies need to prepare to hire again. Are you ready? Now is...
on
26 Sep 2011
Blog Post:
New Hires: Why the Introductory Period Is So Valuable
Jennifer Carsen, Esq.
Yesterday , we explained why rushing into a new-hire decision can be a big mistake. Today, we'll look at a valuable tool that many employers don't take advantage of: the introductory period. Take Advantage of the Introductory Period Almost every employer declares the first 90 days of employment...
on
15 Sep 2011
Blog Post:
Quick Hiring Decisions Can Backfire
Jennifer Carsen, Esq.
Are you a buyer rather than a shopper? You may fit this mold if you know precisely what you want, go directly to it on the store shelves, grab it, and head immediately for the cash register. While this strategy may make for efficient purchasing, it can also make for disastrous hiring. No one wants to...
on
14 Sep 2011
Blog Post:
Protect Yourself From Employees’ Use of Social Media
Jennifer Carsen, Esq.
Yesterday , we looked at some of the legal concerns for employers that social media raises. Today, some tips for protecting yourself — as well as an introduction to a webinar you won't want to miss next week. The following suggestions are courtesy of the law firm of Epstein Becker & Green...
on
7 Jul 2011
Blog Post:
Social Media: It’s Here To Stay
Jennifer Carsen, Esq.
If your employees aren't plugged in to social media sites on a regular basis at work, it's likely because you have (a) a draconian firewall or (b) a workplace entirely free of computers. It's also possible that (c) you're in deep denial. Like it or not, social media is here to stay. Here...
on
6 Jul 2011
Blog Post:
What Are The Limits of Employee Privacy?
Jennifer Carsen, Esq.
Earlier this year, the U.S. Supreme Court unanimously ruled that the Ontario, California police department didn't illegally invade an officer's privacy when it reviewed the racy messages he sent and received via his department-issued pager. What does this mean for your policies? The U.S. Supreme...
on
10 Dec 2010
Blog Post:
Hire Based on Data, Not “Gut”
Jessica Hong
On Fridays, California Employer Daily will often be given over to an “E-pinion” column by Jennifer Carsen, Esq., ERI’s Managing Editor. If you’ve got an idea for a 500-700 word column on any topic of interest to California employers, we’d love to have you as a guest columnist...
on
23 Jul 2010
Blog Post:
HR Recordkeeping Simplified
Jessica Hong
How important is it to keep accurate employment records? Not very, some might say, but they’d change their tune as soon as the lawsuits started to fly. Poor or missing records make it hard to defend lawsuits, says attorney Allen Kato. But if you have good records supporting your actions, opposing...
on
14 Jul 2010
Blog Post:
Social Media: You Can’t “Unring the Bell”
Jessica Hong
“Social media networks and blogs are now the fourth most popular online activity, ahead of personal e-mail,” says Cynthia L. Gibson, Esq. And they are getting more popular with HR for background checks. Unfortunately, she says, once you turn up information you don’t want, “you...
on
28 Jun 2010
Blog Post:
Supreme Court To Review Privacy, Background Checks
Jessica Hong
The U.S. Supreme Court has decided to hear a case regarding whether a federal contractor's employees in "low risk" positions can be required to undergo extensive background checks. The case involves workers at the Jet Propulsion Laboratory, which is located on federally owned land but is...
on
12 Mar 2010
Blog Post:
Criminal Histories: What Not to Ask
Jessica Hong
Knowing what questions to ask applicants is key to finding the right people for your company. But it's just as important to know what questions not to ask to avoid potential lawsuits. For example, asking job applicants about personal information like marital status, sexual orientation, and pregnancies...
on
22 Jan 2009
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