Tag Archives: Hiring

Q&A with Don Dressler – Changes in Notices Required for Newly-Hired Employees

7 Aug
Q: Have there been any changes in the pamphlets that all California employers are required to give newly-hired employees?

A: Yes – there have been changes by the EDD in the two pamphlets they issue, the Paid Family Leave material was revised in May 2015 and the State Disability material was revised in June 2015.

There are 4 leaflets required to be given to every new employee at the time they are hired or start work.  All are available for download from state agencies, or you can purchase copies of these materials from the California Chamber of Commerce.  Here are the latest versions of these required materials:

1. Paid Family Leave pamphlet (revised May, 2015) – Available at:

2. California Disability Insurance Provisions (Revised June 2015) Available at:

3. Sexual Harassment, the facts about sexual harassment (Revised 2014) Available at:

4. Time of Hire Pamphlet for Workers’ Compensation – from CA Department of Workers’ Compensation (Revised July 2014) (You can also obtain material from your workers’ compensation insurer.  If you use a Medical Provider Network, and should do so to maintain medical control over work injury claims, a separate notice and pamphlet are required, both available from your workers’ compensation insurer. )  Available at:

When an employee is going on sick leave or at termination, you should also provide:

For Your Benefit – California’s Programs for the Unemployed (last revised in 2013)

Available at: http://www.edd.ca.gov/pdf_pub_ctr/de2320.pdf

Please don’t hesitate to contact us at Don Dressler Consulting and CalWorkSafety.com for help with any employment law or safety compliance questions.

-Don Dressler

U.S. Citizenship and Immigration Services Issues Guidance on SB 60 Drivers Licenses

4 Jun

U.S. Citizenship and Immigration Services on May 19, 2015 posted on its website guidance for employers of employees who present a driver’s license issued by a state to persons who cannot submit satisfactory proof of legal presence in the United States. In sum, the guidance states that such a license:
• Must be accepted in the Form I-9 employment eligibility verification process as a List B document establishing identity if it otherwise meets the requirements of a List B document (i.e., it contains a photo of or information identifying the individual presenting it) and the employer determines it reasonably appears to be genuine and to relate to that individual.
• Does not, in and of itself, support a conclusion that the employer had actual or constructive knowledge (i.e., knew or should have known) that the employee presenting it is not employment authorized (if that is in fact the case).
In addition, the guidance notes that:
• An employer accepting such a license as a List B identity document in the Form I-9 process must (as for all types of List B documents) also examine a List C document establishing the individual’s employment authorization.
• Under a regulation of the Department of Homeland Security, which houses USCIS, whether an employer is considered to have actual or constructive knowledge that an employee lacks employment authorization is determined on a case-by-case basis and depends upon all of the facts and variables specific to the individual case.
The last point above is made in the context of the federal ban against employing or continuing to employ an employee with knowledge that the employee is not eligible to be employed in the U.S. The DHS regulation noted above states that a “knowing hire” violation can be based on either actual knowledge or constructive knowledge of unlawful status. Constructive knowledge is knowledge that may be fairly inferred through notice of certain facts and circumstances that would lead a person, through the exercise of reasonable care, to know about a certain condition.
The omission from the guidance of any statement that an employer must do anything other than accept such a license as a List B identity document in the Form I-9 process indicates the federal government does not expect an employer to inquire into why an employee claiming employment eligibility has such a license—at least where the employer has no other reason to doubt the employee’s claim.

FTC and EEOC Agree on Background Check Guidelines

1 Apr

On March 10, 2014, the Federal Trade Commission (“FTC”) and the Equal Employment Opportunity Commission (“EEOC”) jointly issued two short guides on the use of background checks in hiring and personnel decisions.

Generally speaking, these guides do not break new ground, but serve more as reminders to employers of their existing obligations under federal law when inquiring into or otherwise considering an applicant’s or employee’s background information. I have attached information about these new guides for you.

If you have questions about procedures for hiring new employees or “on-boarding” (the important first weeks of getting new employees established as productive members of your team), let me know and our team of human resources professionals can assist you

Don Dressler. Consultant and Attorney at Law
Ph: 949-533-3742 – websites: http://www.dondressler.com” and http://www.calworksafety.com

Hiring New Employees in Compliance with California and Federal Law

27 Sep

The importance of hiring right can be illustrated by your company’s turnover rates. Average corporate turnover is more than 15 percent.

According to a Harvard University study, 80 percent of turnover is due to hiring mistakes. The hiring process can raise a variety of legal issues, often related to equal employment opportunity laws. A number of other laws also apply to the various stages of the hiring process, ranging from the standard job interview to the hiring decision itself, records kept of the hiring process, and records and government notifications and disclosures required relating to a newly hired employee. Continue reading

Nearly Seven In Ten Businesses Affected By a Bad Hire In 2012

29 Dec

Hiring the right person to fill a position can be a difficult decision to make, and a new CareerBuilder study shows the cost of choosing incorrectly can be high. Sixty-nine percent of employers reported that their companies have been adversely affected by a bad hire this year, with 41 percent of those businesses estimating the cost to be over $25,000.
“Whether it’s a negative attitude, lack of follow through or other concern, the impact of a bad hire is significant,” said Rosemary Haefner, vice president of human resources at CareerBuilder. “Not only can it create productivity and morale issues, it can also affect the bottom line.”
Effects of a Bad Hire
The price of a bad hire adds up in a variety ways. The most common are:
• Less productivity – 39 percent
• Lost time to recruit and train another worker – 39 percent
• Cost to recruit and train another worker – 35 percent
• Employee morale negatively affected – 33 percent
• Negative impact on clients – 19 percent
• Fewer sales – 11 percent
• Legal issues – 9 percent
Why Companies Make Bad Hires
The most common reason associated with a bad hire is rushing the decision process. Two-in-five hiring managers attributed a bad hire to pressure to fill the job opening.
• Needed to fill the job quickly – 43 percent
• Insufficient talent intelligence – 22 percent
• Sourcing techniques need to be adjusted per open position – 13 percent
• Fewer recruiters due to the recession has made it difficult to go through applications – 10 percent
• Didn’t check references – 9 percent
• Lack of strong employment brand – 8 percent
What if you make a New Year’s Resolution for 2013 to take the time to evaluate each new job opening for the skills and personality you need, carefully source and screen applicants, and be much happier with your new employees in the New Year? If you would like help improving your process, contact Don Dressler Consulting by e-mail at DonDressler1@hotmail.com or check our website at: http://www.DonDressler.com