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Top 10 Hiring Pitfalls In California: Legal Risks Of Background Checks, Requests For Salary History, Drug Testing, Social Media Snooping, And More

Webinar: ID# 1026186
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About This Course:
Learn the top 10 hiring pitfalls to avoid concerning background checks, salary history, drug testing, social media probes, and more in California.

When hiring new workers, it’s important to make sure your company is up to date on the latest laws governing what you can and cannot ask prospective hires.

Many cities in California, such as San Francisco and Los Angeles, have passed “ban-the-box” laws, which bar an employer from asking an applicant to disclose criminal history record information before a conditional offer of employment is made.

California’s recently expanded Equal Pay Act prohibits employers from relying on prior salary information alone to justify pay disparities based on sex, race or ethnicity, which leads to questions about whether employer should even ask applicants about salary history.

Other legal issues employers need to watch out for in trying to make an informed decision about a new hire include pre-employment drug testing, social media screening, and using an outside screener to do background checks.

Join us to learn how to navigate this tricky landscape and avoid legal landmines.

You’ll learn:
  • The biggest hiring goofs California employers keep making, as illustrated by cases where they ran into legal trouble
  • The right way to go about conducting background checks, including the latest on “ban-the-box” prohibitions
  • What you should disclose to prospective hires about background/credit checks (and how to notify them)
  • Whether to obtain information on an applicant’s salary history and what to do with salary history information you already have
  • Do’s and don’ts of pre-employment drug tests—when to use them, when to steer clear and how to ensure that hiring decisions based on drug tests don’t violate the Americans with Disabilities Act or the
  • California Fair Employment and Housing Act
  • Whether—and how—you may use social media, such as Facebook, in checking a prospective employee’s background, and what you should never ask applicants for
  • And much more!
About Your Presenters:

Mark Schickman
Partner
Freeland, Cooper, and Foreman, LLP

Mark Schickman received his Bachelor of Arts and Juris Doctorate degrees from Columbia University, where he was a Harlan Fiske Stone Scholar and the recipient of Columbia’s Whitney North Seymour Medal for Distinguished Trial Advocacy. He has held numerous elected bar positions, including service as President of the Bar Association of San Francisco, and Governor of the State Bar of California. He is the immediate past chair of California’s Judicial Nominees Evaluation Commission. For the past 30 years, Mr. Schickman has concentrated on employment and labor law, litigating every type of employment matter and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union related charges and all other aspects of the employment relationship. He is a member of the American Arbitration Association’s select panel of employment arbitrators, a member of the Board of Governors of the American Bar Association and is the Editor of the California Employment Law Letter.

Cathleen S. Yonahara
Partner
Freeland, Cooper, and Foreman, LLP

Cathleen Yonahara received her law degree from the University of California, Hastings College of Law in 1999. She concentrates her practice on employment and labor law. Ms. Yonahara has represented clients before federal and state courts, the EEOC, the DFEH, the California Labor Commissioner and other government agencies. Her employment litigation practice includes claims of discrimination, harassment, failure to accommodate, retaliation, wrongful termination, unfair competition, wage and hour violations, and breach of contract. Ms. Yonahara’s practice also includes counseling clients on all aspects of the employment relationship from hiring to termination. She is an experienced speaker on labor and employment law matters, such as complying with California employment laws, preventing sexual harassment, legally managing leaves of absences, and wage and hour compliance. Ms. Yonahara is also the Assistant Editor of the California Employment Law Letter.
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Top 10 Hiring Pitfalls In California: Legal Risks Of Background Checks, Requests For Salary History, Drug Testing, Social Media Snooping, And More
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