Posts Tagged "HR/Employment Issues"

New HR Developments for 2013 – Part II of II: Federal Rules/Guidance

»Posted in News & Resources

Last week we blogged about some of the more significant new California state laws applicable to businesses with employees in California CA Update . This week, we address some of the new HR developments from our friends in the federal government. No matter where your employees are based, you need to be aware of the following: Use of Arrest and Conviction Records in Employment Decisions In 2012, the Equal Employment Opportunity Commission (EEOC) issued new guidance on employers’ ability to use arrest and conviction records in making hiring decisions. Employers may not simply reject an applicant solely because they have an arrest record and/or a “criminal” history. Instead, the employer must consider the impact of a particular conviction on the particular job for...

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New HR Laws for 2013 – Part I of II: New California Laws

»Posted in News & Resources

As always, the new year means new laws and regulations kick into gear, and that impacts your business. If you are a business based in California or have employees working here in the Golden State, then you need to keep up to date with the many new employment laws effective January 1. California – known for its extreme pro-employee bias – has a host of new laws, more than one blog can tackle. But the following list, although by no means an exhaustive list, does address some of the more significant ones that are most likely to impact your employee practices. Employees Paid Commissions Must Have a Written Contract Employers with any commissioned sales personnel in California (regardless of where the company is based) must enter into a written contract with each such...

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California Adds More Burdens on Employers: New Commission Contract Requirements

»Posted in News & Resources

Employers with commissioned sales personnel in California need to be aware of yet another state regulatory requirement: the new commission contract law, AB 1396.  Although this law does not go into effect until January 1, 2013, it’s time to start preparing contracts and implementing procedures in order to comply. Under AB 1396, employers who pay commissions to their California employees are required to: 1) enter into a written commission contract with each employee; 2) describe the method by which commissions are computed and paid; 3) provide a copy of the signed contract to each employee; and 4) obtain a signed receipt from each employee. The new law goes on to state that when a commission contract expires, but the employee continues to work, the terms of the...

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Businesses: Beware of Hiring Unpaid Interns

»Posted in News & Resources

Summer is almost here and many students looking to get their foot in the door of a certain industry and/or just gain some real world experience are willing to work as an unpaid intern. Employers may jump at the chance to get some enthusiastic workers at a great price: free! But employers in the for-profit arena need to be very careful: calling a worker an “intern” when they are really acting more as an employee can have serious and expensive consequences for the employer. Three recent cases have drawn attention to the issue of unpaid interns. A class of interns sued Fox Searchlight for their unpaid work on the movie Black Swan; a class action lawsuit was filed against the Hearst Corporation on behalf of more than 100 unpaid interns at various Hearst publications...

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Rare Win for California Employers: Court Prevents Former Employee From Soliciting Customers

»Posted in News & Resources

In our blog post on April 10 – What To Do When a Key Employee Leaves: Seven Steps to Protect Your Business – we referenced a recent California case where the employer prevailed, winning an injunction that prevented its former employee from soliciting their customers. We promised further discussion regarding this rare win for an employer, as this case provides guidance on what may be considered trade secrets and how businesses may be able to prevent former employees from unfairly poaching their customers. First, some background. Employee mobility rules supreme in California. That means a covenant not to compete between an employer and employee – which prohibits an employee from working for a competitor, even for a limited period of time – is essentially...

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