Under California Labor Code 2751 (amended in 2012), effective January 1, 2013, employers must provide all commissioned employees who render services in California with a written contract detailing the method by which the commission shall be computed and paid.  This law applies to all employers (both in-state and out-of-state) who pay commissions to employees working in California. Continue Reading Got “Receipt”? Effective January 2013, Employers Must Have Written Contracts for Commissioned Employees Working In California

In an April 20, 2012 decision, the Equal Employment Opportunity Commission (“EEOC”) solidified its intended protection of transgender employees under Title VII of the Civil Rights Act of 1964. The EEOC made it clear that an employer that discriminates against an employee or applicant on the basis of that person’s gender identity violates Title VII’s sex discrimination prohibitions. Because transgender people lack protection from adverse employment decisions in 34 states, this EEOC decision is a watershed moment for the transgender community. It also highlights the broad range of protected categories that could subject employers to more liability for discrimination.
Continue Reading Transgender Protection Under Title VII Announced by EEOC

Employers are becoming more aware of the impact of Facebook and the type of information it can reveal. Some employers use Facebook to find background or character information about their employees or job applicants. Other employers use Facebook to find out whether employees have disclosed information about the employer’s business. Some employers are taking it a step further by requesting that job applicants and/or current employees disclose their Facebook user name and password. Other employers are asking applicants and/or employees to "friend" its human resource manager or log into a company computer during interviews to view their Facebook content.

Continue Reading Accessing Facebook Through Employers: Is The Juice Worth The Squeeze?