Based on last week’s post about the lawsuit filed against LinkedIn alleging that it violated the federal Fair Credit Reporting Act (FCRA)
, I thought it would be good to point out a few issues the arise when employers conduct background checks. This article is not comprehensive, and this area of the law is very
Five things employers must understand about LinkedIn’s job reference lawsuit
Recently, the issue raised in Sweet v. LinkedIn is whether the Reference Searches functionality offered by LinkedIn is governed by the 
regulations set forth in the FCRA. The Reference Search feature allows users who pay a fee to search for references that have worked with any other LinkedIn member. The results list common employers and
Five legal concepts every California employer needs to understand
You’ve set up a successful company and begin hiring employees. To be a successful operator in California, a company’s management needs to be familiar with the critical legal concepts in order to successfully navigate California’s complex employment laws. You never wanted to go to law school, but time to hit the, ahem, books (or the
Five areas of employee compensation or off-work conduct that cannot be regulated by an employer under California law; plus: Ben Horowitz, the Shmoney Dance and How to Manage
I just discovered How to Start a Startup, which is a series of videos published by Stanford University on YouTube with some outstanding speakers. The problem is that the class videos are so great, I have a hard time turning them off. Case in point, this week I watched Ben Horowitz’ lecture: How to
Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan’s Home Services
Colin Cochran brought a putative class action against his employers, Schwan’s Home Service, on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions
Five documents employers should provide to employees separating from the company
There is always a lot of attention paid to what notices and forms should be given to new-hires.
However, today’s Friday’s Five post I want to focus on the documents that should accompany an employee’s separation from employment:
1. Paycheck for all hours worked until separation including all accrued but unused vacation time.
Generally, the
Five rules for drafting vacation policies the right way under California law
One policy that I find is usually not given the attention it deserves when drafting employee 
handbooks is the policy for vacation time. There are numerous rules about how employees earn vacation, and it is often tricky to draft a proper policy without someone experienced in this area. Many out-of-state employers assume that their policy
Five exempt employee classifications all California employers should understand
I apologize for the long post in advance, but I’ve been receiving many questions about exempt vs. non-exempt classification of employees lately. This article is the first in a series of articles to help employers tread through this technical area, hopefully in a manner that makes it at least somewhat easier for employers to understand.
Five errors that make defending an employment lawsuit harder
In litigation, the following five issues make defending an employment lawsuit much more difficult. 
1. No documentation.
No matter what type of employment litigation is at issue – wage and hour claims, leave issues, or harassment claims – the amount of documentation an employer has dramatically increases the odds of prevailing in litigation. I would
Understanding immigration and labor reform laws on the federal and state level: President Obama’s immigration proposal and California’s change to immigration related laws in 2015
President Obama’s announcement of his controversial plan to provide amnesty for illegal 
immigrants to remain in the country who meet certain requirements raises a few employment and immigration issues for employers. Putting the politics aside, it is a good time for employers to review their obligations under the law to confirm a worker’s eligibility to