As your business grows, you’ll bring in team members to help you manage everything from driving sales to keeping the books straight. Eventually, you’ll hire a human resources expert to help you manage your employees, but even before you grow to that point, you can still take steps to avoid stumbling into any common legal pitfalls in the hiring process. Application When searching for a new team member, you should start by creating a job description that makes it clear what you’re looking for and what it will take to be successful in the role. This is the time to... READ MORE

If you’re growing a successful business, you’ve probably learned along the way that you can’t do everything. To help you grow your business, you may decide to bring in a consultant to help you tackle a certain challenge or to help you set up a new aspect of your business. Consultants are a great resource for any business, whether you’re looking for management advice or marketing assistance. They’re great at providing highly skilled help, but they are also a source of liability, and there’s a few things you will want to keep in mind before you retain a consultant for... READ MORE

In an at-will employment state like California, you can, in theory, fire anyone at any time. However, state and federal legislation have particular exceptions to prohibit employers from firing someone for any reason. For instance, you cannot fire someone for refusing to do something illegal, or for a discriminatory reason (race, gender, religion, sexual orientation, pregnancy, and more). If you fire someone for the wrong reason, you can face a wrongful termination lawsuit. Setting Clear Policies on Termination  Your employee handbook is a great place to identify your company policies on discipline and termination. Outline these policies in your handbook,... READ MORE

Workplace harassment is a troubling and difficult subject that’s been increasingly prevalent in the news as more people come forward to discuss their experiences. As a result, businesses that may have previously considered themselves well equipped with policies to prevent and confront harassment are now reevaluating these policies and updating the types of training they provide to supervisors and employees. As a business owner, it’s important to have clear policies in place to reduce the potential for harassment. These policies help ensure your employees work in an environment that is professional and respectful so they can focus on doing their... READ MORE

It’s easier than ever to type a potential hire’s name into Facebook, LinkedIn, or Instagram and instantly find a wealth of information about them- especially if they haven’t recently updated their privacy settings. Conversely, social media can be a wonderful source of information on a potential hire and, in some cases, especially in sales and marketing, is a primary driver in considering the right person for a position. Recruiting Using Social Media Many employers now use social media as a tool for recruiting candidates through publishing job openings, advertising the company culture, and scouting for individuals who would fit the... READ MORE

Recently, the U.S. Labor Department issued new guidelines for those companies who elect to hire college or graduate students as interns clarifying what employers should and should not do while employing unpaid interns. Many companies rely on student interns to handle a variety of tasks from conducting research and crafting social media strategies. Interns can provide an invaluable resource to companies by bringing in new ideas and helping companies navigate changing cultural and social expectations. These guidelines were issued in light of recent court cases, which made companies concerned that hiring an intern in almost any position would result in... READ MORE

The U.S. has a number of anti-discrimination and harassment laws that prohibit businesses from discriminating against employees based on a number of factors including age, disability, race, sex, pregnancy, and citizenship. Title VII of the Civil Rights Act: Amended in 1991 to allow victims to recover damages, sexual harassment is defined as “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” This includes when a person in authority is demanding sexual favors from a subordinate and when sexual comments or jokes create a hostile... READ MORE

Across the country, the gender pay gap debate wages and California, despite our tough fair pay laws, is no exception to this rule. Recently, two new laws, one which passed and one which didn’t, aimed to help close and better document this pay gap. According to the census bureau, the average working woman is earning only 86 cents per dollar earned by a man. While stride are being taken to close this gender pay gap, we’re clearly not there yet. The first law, AB 168, bars a prospective employer from asking about previous salary. The goal is to prevent historic... READ MORE

One increasingly common portion of employment agreements is a non-compete agreement, designed to keep an employee from leaving one business and immediately competing with their prior employer. There has been some debate in the courts about the extent to which these non-compete clauses are enforceable and there are some good rules of thumb for businesses looking to use non-compete agreements. Non-compete agreements are generally unenforceable in the state of California. To be valid, a non-compete agreement must be given in exchange for some form of consideration, meaning that the employee receives something of value, such as a job, some company... READ MORE

You’re probably familiar with the First Amendment and its requirement that Congress not limit or abridge “the freedom of speech, or of the press.” It surprises many people to learn, then that the First Amendment's protections regarding freedom of speech don't apply to a private company’s workplace. The amendment very specifically prevents the government from making any speech rules that restrict speech, but does not restrict companies or individuals from limiting speech. There are employment laws in place that restrict a company from limiting certain forms of employee speech, such as discussion around wages, hours, and working conditions. However, restricting... READ MORE