Hiring Questions & Answers

Know what questions you can and can’t ask in an interview and how to respond when a job candidate discloses a medical condition.

Arbitration

• May an employer require an employee to sign an arbitration agreement as a condition of employment?
• What is arbitration?
• Where do I find an arbitrator?

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Background Checks and Testing

• May I release an employee's credit information to someone who calls me about it?
• MayI run a credit check on a job applicant or an employee?
• What do I do when a Social Security number does not match?
• What must I do when running a credit or background check on an applicant or employee?
• What should an employer do if it receives a 'no match' letter from the Social Security Administration for one of its employees?

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Drug Testing

• How do I implement a random drug testing policy?

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Exempt and Nonexempt

• What would be the advantage of changing a nonexempt employee from an hourly rate to a monthly salary?
• May I make deductions from an exempt employee's salary?
• Are salaried employees entitled to overtime?
• May I use a manager's bonus pay to meet the minimum salary requirements for the executive exemption?
• Is it OK to keep time records for exempt employees?

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Foreign Workers

• Is it legal to make copies of the documents an employee presents with the Form I-9?
• What is an employer's liability if an employee provides false documents with the Form I-9?
• What do I do when a Social Security number does not match?
• Do I have to reverify an expired Work Authorization?
• What should I do if I find out an employee is not authorized to work in the U.S.?

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Independent Contractors

• Do I have to report independent contractors to EDD?
• Do I have to cover independent contractors for workers' compensation?
• What can happen to me if I classify someone as an independent contractor, and he is really an employee?
• What is the difference between an independent contractor and an employee?
• When must I report newly hired employees or independent contractors to the state EDD?

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Medical Examinations

• May I require employees and applicants to have physical examinations?
• May I test applicants or employees to make sure they are up to the job?

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Minors

• What forms do I need to employ a minor and what are the exceptions?
• Is a parent or guardian who employs his or her child exempt from labor laws?
• Are there restrictions on the types of work a minor may perform?
• Are there any exceptions to the limits on occupations and hours for minors?
• What will happen if I do not comply with child labor laws?

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Orientation

• Are employee meetings and training sessions considered hours worked?
• Do I have to train in Spanish?
• Is an employee handbook required by law?
• May I conduct employee safety training in English only?
• What do I need to do when hiring a foreign worker?

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Part-time Employees

• MayI hire a person as an unpaid intern?
• Do family leave laws apply to temporary employees?
• Do we have to offer benefits to part-time employees?
• Is there a minimum number of hours a part-time employee must work?
• What Wage Order covers employees of a temporary agency or employee leasing agency?

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Recordkeeping

• Are employees entitled to see and copy their personnel files?
• Are there any records that should be kept separately from an employee's?
• How long do I have to keep resumes and job applications?
• Must all employees have access to payroll records?
• What kinds of information about employees do I need to keep private from other employees?

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Telecommuters

• Am I required to let an employee telecommute if he or she wants to?
• Am I responsible for creating a safe workplace for a telecommuting employee?
• If an employee gets injured while working at home, am I liable?
• What are the pitfalls of having people work from home?
• What are the requirements for posters for employees who work out in the field or at home?

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Workers with Disabilities

• Are there any circumstances where I can refuse to hire an individual because of his/her disability?
• Does a potential new hire have an obligation to tell me she is pregnant before I hire her?
• If a disabled person applies for a job, do I have to choose him or her over other candidates?

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