Hiring Questions & Answers 

• Am I required to keep I-9 forms for three years or one year?
• Do I-9 Form Changes Mean Employers Need to Adjust Hiring Practices?

Arbitration

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

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Background Checks and Testing

• May I run a credit check on a job applicant or an employee?
• What must I do when running a credit or background check on an applicant or employee?
• May I release an employee's credit information to someone who calls me about it?
• What do I do when a Social Security number does not match?
• Can we require applicants to pay for the cost of a background check as long as we reimburse them once they have worked for us a specific amount of time?

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Drug Testing

• How do I implement a random drug testing policy?
• Can you define 'reasonable suspicion' with respect to reasonable suspicion drug or alcohol testing?
• Can we require applicants to pay for the cost of a background check as long as we reimburse them once they have worked for us a specific amount of time?

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Exempt and Nonexempt

• May I make deductions from an exempt employee's salary?
• How do I deduct absences from exempt outside salesperson's salaries?
• Is it OK to keep time records for exempt employees?
• May I use a manager's bonus pay to meet the minimum salary requirements for the executive exemption?
• What is the minimum salary for an exempt employee?

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Foreign Workers

• What do I do when a Social Security number does not match?
• What should I do if I find out an employee is not authorized to work in the U.S.?
• How long must the company keep each Form I-9 on file?
• Is it legal to make copies of the documents an employee presents with the Form I-9?
• Do I have to reverify an expired Work Authorization?

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Independent Contractors

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

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Medical Examinations

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

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Minors

• May I pay a minor less than a regular employee?
• Is a parent or guardian who employs his or her child exempt from labor laws?
• Who is protected by child labor laws?
• Is a work permit required for a 16-year-old high school graduate?
• What will happen if I do not comply with child labor laws?

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Orientation

• When do I have to give my employees information about COBRA?
• Are employee meetings and training sessions considered hours worked?
• May I conduct employee safety training in English only?
• What do I need to do when hiring a foreign worker?
• What is a Form I-9 and when do I have to fill one out?

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Part-time Employees

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

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Hiring - Recordkeeping

• Can I appeal or protest a decision awarding UI if I still think I should not have to pay?
• What kinds of information about employees do I need to keep private from other employees?
• Where should I keep personnel records?
• Are employees entitled to see and copy their personnel files?
• Are there any records that should be kept separately from an employee's?

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Telecommuters

• Am I required to let an employee telecommute if he or she wants to?
• If an employee gets injured while working at home, am I liable?
• Am I responsible for creating a safe workplace for a telecommuting employee?
• What are the requirements for posters for employees who work out in the field or at home?
• What are the pitfalls of having people work from 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?
• If a disabled person applies for a job, do I have to choose him or her over other candidates?
• Does a potential new hire have an obligation to tell me she is pregnant before I hire her?

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