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California

San Francisco bans asking applicants about salary history

08/21/2017
San Francisco has become the latest jurisdiction to enact a law banning employers from asking job applicants about their salary histories. The San Francisco “Parity in Pay” Ordinance will go into effect July 1, 2018. Penalties for noncompliance will go into effect a year later.

Move on if employee won’t discuss ADA accommodation

08/21/2017
Employers are supposed to engage in the interactive accommodations process with disabled workers to arrive at workable accommodations. But what if the employee stops communicating with HR about suggested accommodations?

Consider paying a little extra on termination

08/21/2017
Do you think you may have slightly underpaid an employee who is being terminated? Paying her a little extra as she heads out the door may fix that problem without penalty, based on California wage payment rules.

When contractual matters are on the line, beware casual online click-thrus

08/21/2017
Unless you can verify that the employee did in fact complete your process, it may not actually bind employees to any contractual provisions such as arbitration agreements.

Never mention workers’ ages when discussing reduction in force

08/21/2017
What not to do when closing down offices in which workers are older than the company average: Mention that eventually you may be able to hire younger replacements at lower cost. That’s just asking for a lawsuit.

OK to set unique policies for unique problems

08/21/2017
Sometimes, an unusual workplace situation or problem may require an equally unique rule. For example, if theft is rampant in one department, it’s certainly justified to implement a special policy that seeks to stop the thievery.

What happens when payday is on a holiday?

08/02/2017
Q. Our wage payment deadline falls on the first Monday of September this year, which is Labor Day. By when must a company make payments to meet its deadline and avoid penalties when its payment date falls on a holiday?

Must we pay a premium on holidays?

08/02/2017
Q. I have chosen to keep my business open on Labor Day. Must I pay employees who work on Labor Day (and other holidays) premium holiday pay?

Do we have to close on Labor Day?

08/02/2017
Q. This is our busiest time of the year, and we really can’t afford to give our employees Labor Day off. Is it illegal to have employees work on Labor Day?

What’s the problem with checking social media accounts of applicants and employees?

08/02/2017
Q. I would like to ensure that all of the individuals working for us do not engage in morally questionable behavior. Since many people show their true selves on social media, not at work, can I check the social media profiles of applicants and employees?