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Employment Litigation Archives

Under new law, employers can’t ask applicants about past salaries

How do you determine what to pay new hires? While some employers have set wages for certain positions, starting salaries are often negotiable. To gauge what salary applicants may be expecting, some employers include questions about past salaries on job applications. Starting January 1, this practice will be illegal in California.

What questions are off-limits on job applications in California?

At a time when it is easy to find personal information about most people online, it might seem like any question is fair game for a job application. However, while many aspects of job applications are left to the discretion of employers, there are also things California law prevents employers from asking applicants about.

Duggan Law Corporation Attorneys Named To Super Lawyers Lists

We are proud to announce that four of the attorneys at Duggan Law Corporation were recently recognized for their achievements by Super Lawyers, a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

Are your workplace postings up-to-date?

From minimum wage notices to no smoking signs, California employers must display a wide variety of information in a place where all employees can see it. The California Department of Industrial Relations regulates the type of information employers are required to post – including laws and regulations covering workplace health and safety, whistleblower protection, sick leave and much more – as well as the manner in which postings are displayed.

What California's New Parental Leave Law Means For Employers

Last week, Gov. Jerry Brown signed the New Parent Leave Act into law, which expands California's parental leave law to include bonding time after the birth, adoption, or foster placement of a child for adoption for new parents. As many as 2.8 million employees may be affected by the new law, according to The Sacramento Bee. What does this mean for their employers?

How a well-written job description protects employers

Whether you're replacing a former employee, creating a new position or welcoming an employee back from a medical leave, writing a job description is an important part of the hiring process. Even if you are in a rush to fill a position, it is worth taking the time to make sure the job description is clear, accurate and comprehensive.

What rights, obligations do employers have when terminating employees?

Employers need to continually manage and minimize a number of potential liabilities surrounding employees, including illegal discrimination and harassment, workplace safety, disciplinary issues, theft, protection of confidential business information, and so on. One particularly important area where employers need to be informed and cautious about their rights and obligations is termination of the employment relationship.

Facially Neutral Policies to Protect Against Age Discrimination

Every industry has certain requirements of its employees. You wouldn't hire a baker to do welding, right? So, it would be reasonable for you to exclude bakers from your applicant pool if he or she had no welding experience. However, if you somehow exclude an applicant who is a welder based on his or her age, you could find yourself in trouble. In addition, if a business requirement appears to hinder older workers, but not younger ones, you could find trouble.

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