Rolling Background Checks Are On the Rise

Background checks in the workplace are no longer exclusive to potential new hires. According to Bloomberg, the screening industry has seen recent explosive growth in background checks for existing workers. In light of the ongoing #MeToo movement which spread virally last year demonstrating the widespread prevalence of sexual assault and harassment, especially in the workplace…

Ban the Box

On October 14, 2017, Assembly Bill 1008 (AB 1008) was signed into law by California Governor Jerry Brown.  This new “Ban the Box” legislation (the “box” refers to the section on job applications that candidates check if they have a criminal record) is an added section to the California Fair Employment and Housing Act (FEHA) restricting the ability of California employers with 5 or more employees to make pre-hire and personnel decisions based on an individual’s criminal history.

CALIFORNIA ACTS TO OUTLAW PRE-EMPLOYMENT MANDATORY AGREEMENTS TO ARBITRATE LABOR CODE CLAIMS

“In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy starting January 1, 2016. AB 465 would create a new statute that prohibits employers from requiring a candidate to “waive any legal right, penalty,…

SEC CLARIFIES WHISTLE BLOWER PROTECTIONS AGAINST EMPLOYER RETALIATIONS

“The Securities and Exchange Commission has issued an interpretive rule clarifying that whistleblowers are protected by retaliation by employers even if they have not reported their concerns to the SEC first. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 included a section offering incentives and protections to individuals who report possible violations of the…

National Labor Relations Board and Courts Disagree about ‘Joint Employer’ Ruling

“A divide may be forming between courts and the National Labor Relations Board over the “joint employer” ruling. In a statement issued to The Daily Caller News Foundation Friday, the International Franchise Association argued, “A ruling by a federal judge this week yet again affirmed the definition of ‘joint employer’ as it relates to franchise businesses,…

Business Leaders and White House Clash Over Current and Upcoming Regulation

“With the White House taking a more aggressive role in setting labor standards, industry groups are beginning to fight back — lashing out at the executive branch for pursuing “a partisan agenda.” A coalition of five national industry groups — including the U.S. Chamber of Commerce — filed a complaint in federal court earlier this week…

The Health Care Mandate Kicks In THIS WEEK!

“On Thursday, the long-anticipated “employer mandate” kicks in, meaning businesses with 50 or more employees need to start offering their workers health insurance plans, if they’re not doing so already. Well, for the most part. Nothing is ever simple when it comes to health reform, especially in the group market. Employers with between 50 and…