Background Checks: Employee Fired for Criminal Record Alleges Bias; When You Can, and Can't, Consider Past Illegal Behavior
November 2010
Today's technology makes it easier than ever for employers to check whether applicants and employees have criminal backgrounds. In fact, 73 percent of employers surveyed earlier this year by the Society for Human Resource Management (SHRM) said they conduct criminal background checks on all job applicants; only seven percent don't conduct the checks on any applicants. . . . more

ADA: Ninth Circuit Finds Preemptive Fitness-for-Duty Exam Didn't Violate the ADA; When Can You Require a Medical Exam of an Employee?
October 2010

You can find yourself in a thorny position when you want an employee to take a fitness-for-duty examination (FFDE), especially if the employee's job performance hasn't dropped off.

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Featured Resource: Medical Examinations: Which Procedures and Tests Are Prohibited?
October 2010
Both the Americans with Disabilities Act and state Fair Employment and Housing Act prohibit medical examinations of employees and applicants in most circumstances--but what exactly counts as a medical exam under these laws? . . . more

Age Discrimination: Employer Prevails by Showing It Hired the Better Qualified Applicant
September 2010
Sometimes there's not much you can do to stop a rejected applicant with sour grapes from suing you for age discrimination. But, as a recent California Court of Appeals case demonstrates, you can probably get yourself off the hook if you have a legitimate reason--like a rival applicant's superior qualifications--for your alleged discrimination. . . . more

Discrimination: U.S. Supreme Court Finds Disparate Impact Claims Were Timely; Decision Could Generate More Lawsuits Against Employers
August 2010
Title VII of the Civil Rights Act of 1964 provides employers some protection by requiring employees bringing certain kinds of discriminations claims to file charges within a specific time limit. However, a recent U.S. Supreme Court ruling could extend the period of time that employers are vulnerable to disparate impact claims. . . . more

Immigration: Restaurant Indicted for Hiring Unauthorized Workers; How to Properly Handle No-Match Letters
July 2010
The French Gourmet, Inc.--a San Diego restaurant, bakery, and catering business--grabbed headlines across the state recently after federal prosecutors accused the business of hiring unauthorized employees. . . . more

Sample Background Check Release and Authorization
CEA Online Exclusive June 2010
The benefits of conducting background checks on job applicants are obvious, but the checks can backfire on employers that don't follow the rules. For starters, you must obtain the applicant's written permission to perform a background check in California. CEA Online subscribers can access a sample release and authorization form in this month's Online Exclusive. . . . more

Background Checks: 8 Smart Practices for Screening Job Candidates
June 2010
A recent lawsuit by a job applicant who was a registered sex offender highlights employers' need to know how to investigate prospective employees without violating the law. Read on to learn how you can ensure that your background checks are both thorough and legal. . . . more

Featured Resource: New Law Creates Hiring Incentives; How to Get Tax Benefits When Taking on New Employees
June 2010
If your company is considering hiring now that the economy is showing some signs of recovery, you may be able to take advantage of two new tax benefits. Both were signed into law as part of the federal Hiring Incentives to Restore Employment (HIRE) Act on March 18. Here's how to take advantage of these tax benefits. . . . more

Visas: Complying with the New Rule for H-2A Visas
May 2010
The new U.S. Department of Labor (DOL) rule for the H-2A program for agricultural guest workers brings some significant changes to the program. Among other things, the rule requires employers to provide more documentation and will likely result in higher wages for H-2A workers. . . . more

Hiring: DFEH Settlement Highlights New Applicant Screening Missteps
April 2010
Most employers know they can't ask applicants about such things as pregnancy, religion, race, age (except to verify the employee is old enough to work), or disabilities. . . . more

Bulletin: USCIS to begin accepting petitions for 2011 H-1B visas
March 2010
USCIS to begin accepting petitions for 2011 H-1B visas. On April 1, the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) will begin accepting . . . more

Immigration: Federal I-9 Investigations Are Under Way; How to Get and Stay Prepared
February 2010
At the end of 2009, the federal Immigration and Customs Enforcement (ICE) agency, the enforcement arm of the U.S. Department of Homeland Security, announced that it had issued I-9 audit notices to 1,000 businesses nationwide. According to ICE press releases, this may well be only the first of several immigration enforcement efforts that will continue through 2010. Between April and mid-November 2009, ICE initiated almost 1,900 prosecutions against employers for I-9 violations. This is more than three times the number of prosecutions in the same period in 2008. . . . more

Hiring: How to Keep It Legal During Interviews; What You Can and Can't Ask
November 2009
Protecting your business from unnecessary litigation begins well before an employee works a single day. Asking the wrong application or interview questions--or asking the right questions in the wrong way--can land you in court and come with a hefty price tag. But if you have a plan and take the time to learn which questions are legal and which are not, avoiding litigation is easy. . . . more

Bulletin: Special Report included with this issue: How to Avoid Defamation Lawsuits
September 2009
You may think you're doing everything right in how you handle both current and former employees, but you'd be surprised how easy it is to get slapped with a costly defamation lawsuit . . . more