I was interviewed for a news story that aired on KTLA here in Los Angeles about employer’s use of social media in evaluating applicants and employees. I’ve been writing and speaking about this topic for at least five years now, but given the pervasiveness of social media, the topic is only becoming more relevant with
Can employers use employee’s posts to social media as basis for employment decisions or would this violate an employee’s right to privacy?
Generally, employees have a privacy expectation in their personnel files, contact information, and work related information. However, this expectation of privacy is not limitless, especially when the employee publically airs his or her work experiences on social media sites for the public to see. Courts have held that employees can waive this right to privacy
Employee’s medical marijuana use is not covered by disability laws
An employer is not required to allow employees to use medical marijuana as a reasonable accommodation under California’s Fair Employment Housing Act (FEHA). The California Supreme Court held that it is not a violation of California law for an employer to terminate an employee who tests positive for marijuana, even though the employee was prescribed
Reminder To Carefully Draft Executive Agreements – Faigin v. Signature Group Holdings, Inc.
The judgment against the defendant for $1,347,000 in Faigin v. Signature Group Holdings, Inc.
should be a good reminder for companies to have well drafted executive agreements. Faigin worked as General Counsel and Chief Legal Officer for Fremont General, a parent corporation. Defendant had various subsidiary companies that Faigin also worked for during his employment.
Everyone Needs To Calm Down About Social Media And The Law
I would love to be able to tell my clients that the Internet and social media has created a very complex set of legal issues that requires them to hire me in order to help develop all new handbook policies, change the way they conduct background checks on applicants, and monitor their employees. However, unfortunately
Can Employers Require Employees To Take Polygraph Tests In California?
Simple answer: No. Employers cannot require that employees take a polygraph test, but if the employee voluntarily agrees to take the test, and the employer makes certain disclosures to the employee, then the employer may administer a polygraph.
California Labor Code section 432.2 is the governing labor code section. It states:
432.2. (a) No employer
Is The Jury Still Out On Social Media Background Checks?
Mat Honan at Gizmodo wrote recently about a new company that helps employers search applicant’s “internet background” to assist in the hiring process. As Mat rightly points out, much of the concern over this “new technology” is overblown, and as he puts it, "[e]mployers would have to be stupid not to Google job candidates."
Reader Question – Workplace Relationships
Q: Is it “Illegal” to work with a relative as your co-worker or supervisor, or is it left up to the facility/business to make rules regarding how/who they hire as their employees?
There is nothing in California law that prohibits family members from working together. However, many companies institute non-fraternization or anti-nepotism policies as a
Medical Marijuana Raising New Employment Law Issues
The Wall Street Journal reported yesterday about the difficulties employers are facing when employees are found to have marijuana in their systems while at work. The article notes employees are asking if they could use their company-provided flex spending accounts to purchase the medical marijuana. There are many issues that will have to be
Waitress fired for Facebook post
This week the internet is buzzing about a waitress who was fired for making disparaging comments on Facebook about a customer. It was inevitable, and if employers have not realized it yet, this story should bring the point home that social networking is yet another issue employers need to take a proactive step in