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What’s in your FCRA disclosure form?

A recent court case serves as a warning to employers

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Under the federal Fair Credit Reporting Act (“FCRA”) employers who use background checks (such as criminal history or credit reports) of applicants or employees are required to provide clear and conspicuous written disclosure of the applicant/employee’s rights under the FCRA. The written disclosure must be provided in a document that consists solely of the disclosure. The third-parties doing the background checks often provide employers their own disclosure forms to give to applicants, and the employers might assume that these forms are legally compliant.

The FTC Sage settlement

What we can learn from the misfortune of others

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As many of you have read, last month The Sage Automotive Group, a California dealer group, reached a settlement agreement with the Federal Trade Commission for charges that the dealership group used deceptive and unfair sales and financing practices, deceptive advertising, and deceptive online reviews. The FTC described the charges as the first in the nation brought by the FTC for so-called “yo-yo financing.” Now that the dust has settled, this brief article looks at the allegations and discusses some best practices to avoid suffering a similar fate.

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In Coffee Break episode 25, Chris and Jennifer discuss California's wage statement requirements and explain recent clarifications to the labor code.

Intermittent leave

Coffee Break: HR Minute

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In Coffee Break episode 24, Chris and Jennifer look at some of the issues employers must keep in mind when it comes to intermittent leave under the FMLA and CFRA.

When an employee does not qualify for FMLA/CFRA medical leave

Employers shouldn’t neglect their documentation obligations

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When an employee requests a medical leave, a covered employer’s first concern is determining whether the employee qualifies for protected leave under the Family Medical Leave Act and California Family Rights Act. If the employer determines that the employee does not qualify for such leave (for example, the employee has less than a year of service or has not worked the requisite number of hours) the employer may let down their guard and not issue any leave paperwork to the employee. This is a mistake.

Employee communication freedoms

To what extent can an employer limit what an employee says at the workplace?

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Various laws, including the National Labor Relations Act, protect certain employee speech and expression at work. Also, language restrictions may run afoul of discrimination laws. Here are some common situations in which employers must be careful in restricting employee expression.

Employing minors

The steps you need to take

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Employers have very specific requirements to follow to lawfully employ minors, including the proper documentation for a work permit. Here are some of the requirements..

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