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Hiring, Part 1: Can I Fire a New Employee Whose Background Check Reveals Pending Criminal Charges?
August 2008
I ran a background check on an employee I just hired and discovered that she faces serious criminal charges pending a hearing but has not been convicted. Some of the charges (to name a few) are assault in the first and second degree and theft over $500. Technically she didn't lie on the application because she has not yet pleaded guilty or been convicted. But I don't want to employ someone who has the potential to commit these types of crimes. What do I do? . . . more
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Recordkeeping: Can We Destroy Paper Originals if We Keep Scanned Electronic Copies on File?
August 2008
We have many employment documents that bear a seal or have a signature or a notary's stamp. If we scan the documents and store them electronically, can we keep (and properly index) only the original pages that have the seal, signature, etc., and destroy the rest of the pages? Or, even better, can we scan the whole document and destroy all of the original pages? . . . more
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Wage & Hour: How Do We Handle Disaster Pay for Nonexempt and Exempt Workers?
August 2008
We have both a construction staff and an office staff, and we're trying to put together a policy for paying employees in the event of an emergency. What happens if the construction staff needs to be sent home during inclement weather or the office staff and upper management can't work because their computers are down? What if we're forced to completely shut down? How would pay be determined for nonexempt as well as exempt employees in these kinds of circumstances? . . . more
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Short Takes: Cell Phones
August 2008
We have a lot of teenagers working here this summer. Does California's new cell phone law have more stringent restrictions for them than for adults? . . . more
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Short Takes: FEHA Exemption
August 2008
I work at a church and have been told that we're exempt from the California Fair Employment and Housing Act's (FEHA) requirements. Is this true? . . . more
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Online Exclusive: Independent Contractor Agreement
Online Exclusive July 2008
A written independent contractor agreement is essential to document the mutual understanding between you and your contractor that the person is not an employee. This month, we're providing a sample general agreement that can be customized as needed. Online subscribers can access this sample form now. . . . more
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