Employment Law Blogs
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LEGAL ISSUES AND CONCERNS RELATED TO PERSONALITY TESTING IN THE HIRING PROCESS Finding the perfect employee is not an easy task in today’s competitive market. Employers used to settle for standard job applications. These days employers are using various selection and auditioning methods during the interview process. One of these methods is requiring job candidates to undergo personality tests which provides certain benefits. However, you must carefully weigh the risks associated with such a recruitment practice. ADA, Title VII & ADEA Violations Personality testing has the potential of violating the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights
California's New Sexual Harassment Training Requirements It’s been just about a year since the Harvey Weinstein allegations hit the press. Accordingly the #MeToo movement shows no sign of stopping. The shockwaves however, are not just limited to just Hollywood. Sexual harassment has been on the minds of California legislators as well. Sexual harassment prevention training requirements for California employers, evidenced by Senate Bill 1343, changes the requirements. Prior to the passage of SB 1343, state law required that employers with at least 50 employees comply with sexual harassment training. This included providing two hours of sexual harassment training to all supervisory
The General Data Protection Regulation and what you need to know about it The General Data Protection Regulation (GDPR) in the name of the new European privacy regulation that came into effect in May 28, 2018. The purpose of the GDPR is to give all individuals in the European Union (EU) increased control over their personal data. Through new regulation, GDPR is changing the way data is captured, used and managed. The GDPR applies to all websites or mobile applications collecting data from EU residents. Since the internet is a global marketplace, GDPR can apply to virtually any online business
Need a Nanny? Rules to Consider: Finding the best child care for your family can be a challenge given the array of options. If you decide to hire a nanny to come to your home to care for your children – whether they live with you full-time or not – there are tax and labor laws and regulations you need to consider. Nannies are Employees First, it is important to understand that nannies who care for your children in your home are not independent contractors; they are employees. Even if your nanny wants to be an independent contractor, you cannot
Reprint from Verdict Magazine - written by Cynthia Flynn. Volume II 2018. The California Supreme Court’s landmark decision in Dynamex Operations West v. Superior Court, 4 Cal. 5th 903 (2018) threw out the 30-year old criteria established in S.G. Borello & Sons, Inc. v. Dept. of Industrial Relations, 48 Cal. 3d 341 (1989) used to determine if a worker is properly classified as an independent contractor, or if they must be an employee. The Dynamex “ABC” test simultaneously simplified the test and made it more restrictive for employers. Factor “A” requires that, to be a true independent contractor, the worker
Choosing the Right Business Entity Building a business is exciting. However, it's also stressful when trying to decide on the appropriate legal entity for your business. In California you have many different types of business entities to choose from. It is important to properly evaluate each type of business entity, since selecting the correct business entity from the beginning will save you both time and money in the long run. Here's a brief description of business entities you can choose from in California, with some pros and cons of each. Sole Proprietorship A sole proprietor is ran by one person