18 States Consider Limits on Use of Credit Reports in Screening

March 30th, 2011 Posted by Amelia

, and Montana recently joined 15 states that are considering limits to employers’ use of credit reports in hiring and other .

 

Similar bills are being considered by state legislatures in California, Georgia, Connecticut, Indiana, Maryland, Kentucky, Missouri, , Nebraska, , New Mexico, Ohio, Texas, Pennsylvania and Vermont. Check back frequently for the latest updates on those bills.

 

By contrast, New Jersey is currently considering a that would allow employers to share an employee’s or former employee’s credit history, work evaluations and other information in the personnel file with prospective employers or government agencies.

 

In the last three years Washington, , Oregon and Illinois have passed laws limiting the use of credit reports in hiring. A similar bill failed to pass in Colorado.

 

In most of these states, the limits to an employer’s use of credit checks apply to all employment decisions. However, the Florida and Michigan bills would only restrict use of credit history in hiring. An employer could still use a credit report for employment decisions regarding current employees.

 

In Florida, Senate Bill 1562 would make use of credit scores an “improper employment practice” unless (more…)

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California Arbitration Update

March 25th, 2011 Posted by Jolie

courts continue to limit employers’ use of agreements. This time, the Fourth Appellate District Court has determined that the new limits on agreements with employees also apply to independent contractors.

 

A previous California ruling in  Armendariz v. Foundation Health Psychcare established that an arbitration with an is only enforceable if it is mutual and does not require employees to waive rights they have under state . Previously, many employers believed waiver of rights was the main purpose of an arbitration agreement.  

 

The Supreme Court ruled that the employer’s “take it or leave it” attitude toward the items in the arbitration agreement made it invalid. Employees must be permitted to negotiate items in the arbitration agreement individually, without it affecting the job offer.

 

In order to be enforceable, a California arbitration agreement must provide for :

 

·         A neutral arbitrator (more…)

No Comments >> Posted in California,Employment Laws,Labor and Employment
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California May Expand Employee Rights

March 18th, 2011 Posted by Amelia

The California legislature is considering several bills that would impact employers, including a and extension of family leave rights. Another bill would protect employees who smoke medical marijuana.

 

Increase

The California Assembly is considering AB 10, a bill that would increase the state minimum wage from $8.00 to $8.50 per hour. Even more importantly, the bill includes a provision to increase the minimum wage each year based on inflation.

 

Currently at $8.00 per hour, the California minimum wage is tied with for the seventh highest in the nation, after , , , Illinois, Nevada and Vermont. About a dozen states have annual cost-of-living increases to the minimum wage, including , Arizona and Colorado.  

 

Expanded Family Leave

A bill before the California Assembly would expand the California Family Rights Act or to allow employees to take unpaid, job-protected leave in many more situations.

 

If passed, the expanded CFRA would permit employees to take time off to care for an adult son or daughter, a mother- or father-in-law, grandparent, sister or brother, grandson or granddaughter, or a domestic partner with a serious health condition.

 

The was modeled after the CFRA, one of four current California family rights laws. Currently both and CFRA permit an employee to take time off to (more…)

No Comments >> Posted in California,Employment Laws,Labor and Employment
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Reporting Time Pay Varies By State

February 18th, 2011 Posted by Amelia

During , many offices and businesses will close early. While last week’s post examined payment when the business is closed or remains open all day, different rules apply when the employer opts to close the workplace early.

 

Many states have reporting pay laws that guarantee an payment for a minimum number of hours when the reports for a . In those states, even if the employee works only 5 minutes, or reports to work but does no work at all, the employee is entitled to a minimum payment.

 

There is no requirement for reporting pay under law. The FLSA or Fair Labor Standards Act requires only that employees be paid for time worked.

 

Laws vary from state to state, but many times reporting pay is not required if the employer made a good-faith effort to inform the employee in advance that the business would be closed or that the employee’s schedule has been changed.  Many states also exempt employers from when a business is closed due to an act of God, as when a tornado or flood destroys the building.

 

According to SHRM, the Society for Human Resource Management, seven states plus the District of Columbia have reporting time pay laws that affect adults: , Massachusetts, , , , and Rhode Island. has a reporting time pay that applies to minors only.

 

A brief summary of reporting time pay laws by state: (more…)

Comments Off Posted in California,Connecticut,Employment Laws,Minimum Wage,Wage and Hour,Wage and Hour
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New California and Federal Labor Law Posters

February 11th, 2011 Posted by Cara

California employers are required to post updated and in some cases new labor posters for 2011.

 

Updated for 2011 such as the poster, the “Equal Employment Opportunity is the Law” poster and the worker safety poster affect employers in other states as well.

 

Employers across the nation can be fined for not prominently displaying required labor law posters in the workplace, where all employees can see them. Employees who fail to do so can be subject to fines and penalties.

 

One of the best ways for busy employers and HR professionals to remain in compliance with requirements is to subscribe to a reputable labor law poster service. The will deliver durable, high-quality laminated posters each time a federal or state poster is updated.

 

Other poster updates are specific to the state of , including updated versions of the minimum wage poster, the polygraph poster and “Your Rights under USERRA (Veterans Benefits).”

 

In addition, some California employers are required to display additional posters in 2011. Employers who (more…)

2 Comments >> Posted in California,Compliance Issues,Department of Labor
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