California companies with five or more employees are subject to new legislation that prohibits criminal background screenings prior to a conditional offer of employment.  This legislation also prohibits requesting information about criminal history on an application or at a preliminary point in the hiring process.  Affected employers should carefully review the law’s requirements as set

Troutman Sanders’ lawyers Wendy Sugg and Megan Nicholls will co-present this free background screening webinar. Participants will learn about:

  • General versus confidential personnel files;
  • Access to employee records and files;
  • Record keeping and compliance;
  • Background screening policies and procedures;
  • Training parameters to ensure compliance; and
  • L.A. Fair Chance Initiative and similar policies in U.S

Wednesday,

Out with the old and in with the new?  Not so fast.  For California employers, it’s more like keep the old and add the new.  And, as so often happens, the new year brings new concerns.  While this list is not exhaustive, California employers should keep their sights on the following new state and local regulations or requirements for 2017:
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As we near the end of this election season, employers should be ready for requests from employees for time off to vote. Polling places are expected to be crowded and employers in many states must accommodate their employees’ right to vote if an employee’s work schedule prevents that person from going to the polls.  (Even in states where it is not legally mandated, considering this election year, and the general feelings around fundamental right to vote, all employers should strongly consider a plan to enable employees to vote if at all possible.)
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As we all learned in school, the First Amendment to the U.S. Constitution prohibits Congress from making laws that “abridge the freedom of speech.”  Employer-created rules and decisions are not acts of Congress, of course, and are not subject to the First Amendment.  So, employers can terminate their at-will employees (all employees without an employment contract) for a good or even a bad reason, including having a bad attitude, right?  Wrong, according to the National Labor Relations Board, at least when that bad attitude expresses itself in voicing concerns about their job.

In another example of the National Labor Relations Board (“the Board”) reaching into a non-union employer’s workplace, it ordered dance production companies that run two Las Vegas shows (Vegas! The Show and The BeatleShow) to reinstate several dancers whose employment was terminated for performance and attitude problems that spanned several years of time.  David Saxe Prods., LLC, 364 NLRB No. 100 (Aug. 26, 2016).  In a letter to one of these employees, the owner of the production companies stated:
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As discussed in Part I (posted earlier this week), a number of states and local municipalities have enacted paid sick leave legislation mandating paid time away from work for employees. While some of these laws are already in effect, others are coming soon.  Employers with operations in the following areas should revisit their policies and make adjustments as needed to plan for these upcoming changes:
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A number of states and local municipalities have recently enacted paid sick leave legislation mandating paid time away from work for employees. Unfortunately for employers, many of these laws contain provisions that conflict with already-enacted paid sick legislation and require an adjustment of current policies, leading to confusion about requirements and entitlements.

Employers with operations in the following areas should revisit their policies and make adjustments as needed to remain current or to plan for upcoming changes:
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