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California: The best of sprawl, the worst of sprawl

08/26/2009

It probably comes as no surprise to Southern Californians that the Los Angeles and Orange County region ranks as one of the nation’s worst examples of urban sprawl, according to a recent report by the Brookings Institution. Only Detroit, Chicago and Dallas have more spread-out employment bases.

Know criteria before turning employees into contractors

08/26/2009

Wouldn’t it be great if you could just turn your employees into independent contractors? That way, you wouldn’t have to pay unemployment compensation taxes, provide workers’ compensation insurance and so on. But California courts are quick to zap employers that wrongly convert employees into contractors.

Should we require a nondisclosure agreement?

08/26/2009

Q. Should we require new employees to sign a nondisclosure agreement in order to protect our trade secrets, customer lists, etc.?

Are drug testing programs constitutional?

08/26/2009

Q. An employee says our drug testing program violates his constitutional rights. What can I tell him to prove that we’re well within the law?

The 7 biggest triggers to age bias claims … and how to avoid them

08/20/2009

The ADEA makes it illegal to discriminate against people age 40 and older in hiring, terminations, pay, promotions, benefits and any other terms of employment. Here are the key areas where age bias claims typically pop up:

DOT rule calls for direct observation of drug tests

08/20/2009

If you have transportation workers in safety-sensitive jobs, take note: New U.S. Department of Transportation (DOT) rules kick in Aug. 31 that affect return-to-work drug tests given to employees who previously tested positive or underwent drug rehab.

Are we required to send job-offer letters?

08/18/2009

The practice of sending job-offer letters to successful applicants is well established and well intentioned. But is it wise? Learn what to consider before you dash off an offer letter—plus six more tips on making legally smart job offers.

Beware that bloated résumé: Extra skills don’t necessarily mean better qualified

08/14/2009

Employees who want a promotion sometimes get upset when they aren’t selected, especially if the job winds up going to someone they perceive as less skilled or talented. But if the spurned employee’s extra skills or training weren’t necessary, they aren’t particularly relevant. And they’re certainly no proof that the promotion process was tainted by bias.

Can I fire a worker who was arrested for DUI?

08/14/2009

Q. As I was reading the newspaper recently, I saw one of my employees featured in the arrest column. She had been arrested the night before for driving under the influence. Committed to maintaining a law-abiding workforce, I would like to terminate this employee. Can I?

Drug-tested employees may have second chance to sue

08/14/2009

Employers almost always contract out workplace drug testing and then rely on the results the contractor provides. If the employer then fires an employee who tests positive, chances are a court won’t second-guess the decision, since the employer relied on the test. That doesn’t mean the testing company can’t be sued.