The Ninth Circuit Court of Appeals Weighs In On Workforce Classification Under California Law
Every time I review an independent contractor agreement I find myself humming George and Ira Gershwin’s song, It Ain’t Necessarily So from Porgy and Bess. In California, at least, such agreements do not prove that a worker is an independent contractor.
Under the federal Fair Credit Reporting Act (FCRA), an employer has legal responsibilities regarding adverse action notices where a consumer report, in whole or in part results in an employer making a determination that they intend to take an adverse action in regards to employment, such as not hiring a person, or not retaining, not reassigning or not promoting. The required notices must include:
How to stay out of trouble with federal agencies!
Did you know that last year (2007) the Equal Employment Opportunity Commission (EEOC) clarified the prohibition of discrimination in the areas of recruiting, hiring and promotion? You may say, so what? How does it affect how I go about my business of recruitment? And so, what if I do not care to follow the guidance?