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Recent Posts
Flex Arrangements: Outmoded Laws Are the Chokehold
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Jennifer Carsen, Esq.
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How Can You Avoid Suits Relating To Hiring Practices?
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05-15-2012
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Beyond Discrimination: What Else Can You Be Sued For?
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05-14-2012
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Jennifer Carsen, Esq.
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Calculating Overtime in California: The Importance of 'Regular Rate' Calculations
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05-11-2012
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Meals and Breaks—‘Little’ Violations, But Fines Add Up Quickly
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05-11-2012
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Jennifer Carsen, Esq.
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Questions To Ask In an Interview: Interview Questions For Employers
20 Must-Have Employee Handbook Policies
Executive Summary: Healthcare Reform For California Employers
Notice Requirements for CFRA and FMLA: California Labor Laws
10 Tips For Effective, Legal Performance Appraisals
13 Job Description Dos and Don’ts
Paying Overtime: 10 Key Exemption Concepts
Training Your New Supervisors: 11 Practical Lessons
Job Descriptions in California: How To Tackle Tricky Drafting Hurdles
Employee Orientation: How To Energize, Integrate, and Retain Your Newest Hires
How To Survive an Employee Lawsuit: 10 Tips for Success
7 Steps for Preventing Workplace Violence
Win the Online Recruiting War
Compliance Guide to the Federal Family and Medical Leave Act and the California Family Rights Act
Paying Overtime on Bonuses: A Calculation Guide
Who’s Entitled to Overtime: How to Avoid Mistakes When Classifying California Employees
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Upcoming Webinars
Exemption Audits in California:
Practical Strategies for Conducting a Successful Self-Audit of Your Job Classifications
Wednesday, May 16, 2012
Travel Pay in California:
Know Your Compensation Obligations When Employees Are on the Move
Tuesday, May 22, 2012
Employee Meal and Rest Breaks in California:
What the Brinker Decision Means for HR
Wednesday, May 23, 2012
Accommodating Obesity as a Protected Disability:
How to Avoid Weight Discrimination Claims
Thursday, May 24, 2012
What to Save, What to Shred for California Employers:
What the Laws Say About Managing Personnel Files
Thursday, May 24, 2012
Succession Planning for HR:
Finding the Deep End of Your Executive Talent Pool
Wednesday, May 30, 2012
Talent Management Bootcamp:
The A to Z Strategy for Recruiting, Interviewing, Coaching, Mentoring, and Engaging Talent
Tuesday, June 5, 2012
Lifetime Income Benefit Regulations Explained:
New Options and Obligations for Employers
Friday, June 8, 2012
Commission Sales Agreements in California:
How to Manage Your Risks and Obligations Under A.B. 1396
Tuesday, June 12, 2012
Employee Tough Talks:
How to Drive Positive Change and Get the Results You Need
Wednesday, June 13, 2012
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:
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
Blog Post:
Sample Employee Background Checks Policy
Jessica Hong
To ensure that individuals who join [Company Name] are well qualified and have a strong potential to be productive and successful employees, it is [Company Name]'s policy to investigate the backgrounds and employment references of applicants. In addition, [Company Name] may conduct background investigations...
on
21 Aug 2008
Blog Post:
Background Checks
Jennifer Carsen, Esq.
We're hiring maid staff for our hotel. Is there a specific type of background check we should perform? We're looking to do the minimum possible while still being responsible. For any employment position, you should at least verify the candidate's work history. Whether you do it in-house or...
on
1 Jul 2008
Blog Post:
Hiring: What Are Some of the Common Things People Lie About on Resumes?
Jennifer Carsen, Esq.
We're trying to be as careful as possible in prescreening the people we interview. We hear a lot about resume falsification—some amazing percentage of resumes supposedly have "mistakes" or outright lies on them. What are some of the common things people lie about on their resumes...
on
18 Apr 2008
Blog Post:
Hiring: Is It a Good Idea to 'Google' Applicants?
Jennifer Carsen, Esq.
I recently returned from a meeting where one expert recommended doing a Google search on applicants as part of the evaluation process. He said you often find very interesting things about people, especially if they blog or have their own website. Someone else thought it might be an invasion of privacy...
on
28 Mar 2008
Blog Post:
Background Checks: Don't Get Burned; Verify Job Candidates' Employment Histories
Jennifer Carsen, Esq.
We've had two bad hiring experiences in which we found out later that candidates misrepresented certain areas of their background. Now, we want to improve our background checks. What can you recommend? — Isabella, HR Staffing Specialist in Oakland Great question, Isabella. Background checks...
on
21 Mar 2008
Blog Post:
The Legal Risks of Using Social Networking Websites for Background Checks
Jessica Hong
Social networking websites—such as Facebook, Friendster, and MySpace—allow users to post information about themselves, to stay in touch with friends and meet new ones. A typical member profile might include photos; education; career interests; lists of family, friends, favorite music, television...
on
19 Mar 2008
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