Compliance and Legal

How many pages is your employee handbook? Count them…go on…then come back in an hour when you’re done.  The one I’m looking at is 106 pages*…God Almighty!  First of all, I understand the importance of covering our bases to the Nth degree in this crazy messed up litigious world (or country) that we live in.  It’s a pain, but it is what it is.

Reference Checking

Since past performance is often the best predictor of future performance, the best way to verify an applicant’s background and job suitability is to conduct a thorough reference check.

Today, employers are hesitant to give information about previous employees for fear of being sued. Therefore, many employers only confirm dates of employment and positions held. However,  

Purpose of the Interview

The interview is the most critical component of the entire selection process. It serves as the primary means to collect additional information on an applicant. It serves as the basis in assessing an applicant's job-related knowledge, skills, and abilities. It is designed to decide if an individual should be interviewed further, hired, or eliminated from consideration.

During the past several years, we have represented employees of several clothing retailers, including sales associates working for Polo Ralph Lauren, Gap and Banana Republic, and Chico’s in California-wide class action cases. All of these cases were prosecuted under California labor law.

Many companies that use contingent workers maintain policies that limit the duration of those workers' services. Under these policies, when a contingent worker reaches a prescribed time limit, that person's services must be terminated automatically, regardless of the person's job performance, and a replacement worker must be found or assigned by a contingent labor supplier.

In In the matter of American Medical Response of Connecticut, Inc., (commonly referred to as the “Facebook firing” case), it was made clear that the National Labor Relations Board (“NLRB” or “Board”) will seek to invalidate any employer social media policy that it deems unlawfully restricts employee rights under Section 7 of the NLRA.