Our clients frequently face questions about how immigration laws and policies apply to their employees, candidates, and students. The world of immigration law can be a bewildering jumble of acronyms, statutes, regulations, and policy directives that leave many employers or school administrators exasperated and with whiplash. As practitioners in labor, employment, and education for our
Trouble-Shooting the Hiring Process for a Public Agency
This post was authored by David Urban.
The stock market is at all-time highs, and unemployment and inflation are low. For many California public sector employers, the strengthened economy means more hiring. Although this is good news, the hiring process does carry legal risks, just as did downsizing and other similar matters in bad
Unwrapping the Box – Putting California’s New Statewide Ban-the-Box Law into Practice to Avoid FEHA Liability
This post was authored by Victoria E. McDermott.
California’s new Ban-the-Box Law is now in effect, and employers across the state are questioning its impact on their hiring practices. Assembly Bill 1008, codified as section 12952 to the Fair Employment and Housing Act (FEHA), contains new state-wide restrictions on how an employer uses an
New Law on Out-of-Class Assignments Requires More Homework for CalPERS Agencies
The California Legislature recently passed AB 1487, which is now codified as Government Code section 20480. The new law applies only to CalPERS agencies and limits the amount of time that an employee can work in an “out-of-class appointment” to 960 hours per fiscal year.
What is an “Out-of-Class” Appointment?
Section 20480, subdivision (f), defines
New Statute Prohibits Inquiries Into Applicant’s Private Sector Salary History
On October 12, 2017, Governor Jerry Brown signed into law AB 168, which will go into effect January 1, 2018 as Labor Code 432.3. This new statute prohibits employers, in many circumstances, from attempting to obtain information regarding a job applicant’s salary history, or from considering that salary history in determining whether to offer employment
Trump Administration Ends Deferred Action For Childhood Arrivals (“DACA”)
This post was authored by Pilar Morin and Jenny Denny
On September 5, 2017, United States Attorney General Jeff Sessions announced the rescission of the Deferred Action for Childhood Arrivals (“DACA”) program, a 2012 program created under the Obama administration that deferred deportations and provided work permits for those who met the program’s criteria. The
Genetic Information: A Protected Classification for the 21st Century
In the 1997 science fiction film Gattaca, the main character Vincent lives in a futuristic world where success is based on an individual’s genetic profile instead of experience or education. Because Vincent’s genes are considered inferior, he assumes the identity of a genetically superior man in order to avoid discrimination based on his genetics.
New California Laws Limit Access to Employee, Student Usernames and Passwords
Governor Jerry Brown last week signed two new privacy laws that will go into effect January 1, 2013. AB 1844 and SB 1349 prohibit employers, colleges and universities from requiring or asking prospective and current employees and students to disclose social media usernames and passwords. It also prohibits requiring or requesting employees and students to
New Maryland Law Prohibits Employers from Asking for Social Media Passwords
Maryland recently became the first in the nation to ban employers from asking job applicants and employees for their Facebook and other social media passwords. The law was signed into legislation by Maryland’s Governor approximately one year after the ACLU took on the case of Robert Collins who claimed he was forced to turn over
Use of Arrest and Conviction Records In Hiring
When was the last time your agency reviewed its policy regarding the use of arrest and conviction records in hiring? If the answer to this question does not readily come to mind, it may be a good time to audit your hiring policy and job application.
Earlier this year Pepsi agreed to pay a $3.13