Month: July 2018

State Laws on Social Media Passwords – Part II

State Laws on Social Media Passwords - Part II

Applicants cannot be forced to pull up their social media accounts during an interview or tell the employer about the contents of their social media pages.

Even in states without such a law, asking for social media login information might run afoul of general state privacy laws or federal computer privacy laws.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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State Laws on Social Media Passwords – Part I

State Laws on Social Media Passwords

In recent years, some employers have started asking applicants to provide their passwords and log-in information for social media sites as part of the interview process.

An employer with access to an applicant’s password can bypass privacy settings and see material the applicant intended to make available only to chosen viewers.

More than 20 states have passed laws making it illegal for employers to ask applicants to hand over their usernames and passwords to their private social media accounts.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Can Potential Employers Check Your Facebook Page?

Can Potential Employers Check Your Facebook Page

Do you have a blog, Facebook page, or other online presence?

Most people use social media to some extent, whether to post pictures, air opinions, stay in touch with family and friends, or get involved in communities of people with similar interests.

Of course, some people also use social media to air offensive views, post pictures of themselves drunk or naked (or both), or show off their extensive weapons collections.

The opportunities the Internet offers for self-expression can become a problem once you embark on a job search.

According to surveys, around 70% of all employers check out applicants on the Internet when hiring. Employers report rejecting job applicants when they find references to drug use, heavy drinking, sexually offensive materials, violent imagery, or anything else that reflects poorly on the applicant.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

How to Handle Disability and Job Interviews

How to Handle Disability and Job Interviews

If employers really are worried about your ability to do the job, you can alleviate those concerns by explaining how you would perform the duties that the position calls for.

The Americans with Disabilities Act (ADA) and similar state laws protect you from discrimination based on your disability, as long as you are qualified for the job (meaning you have the necessary credentials, experience, and so on) and you can perform its essential functions, with or without a reasonable accommodation.

You aren’t legally required to talk about your disability (although potential employers may ask how you would perform the job’s functions), but it makes sense to do so when your disability is obvious. Otherwise, potential employers might assume that you can’t do the job or that you would require pricey accommodations the company can’t afford.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

What is the Family and Medical Leave Act (FMLA)?

What is the Family and Medical Leave Act (FMLA)

The FMLA is a federal law that allows certain employees to take up to 12 weeks off every 12 months for their own serious health conditions, to care for a family member with a serious health condition, or to care for a new child (among other things).

An employee who is physically injured or develops psychological trauma as a result of domestic violence might be entitled to FMLA leave. An employee might also be able to take time off to care for a parent or child who has been a victim of domestic violence.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

State Domestic Violence Leave Laws

State Domestic Violence Leave Laws

More than a dozen states—including California, Florida, Illinois, Washington and the District of Columbia—have passed laws giving victims of domestic violence the right to take some time off work.

Some states allow employees to take up to a set amount of days or weeks off; other states allow employees to take a “reasonable” amount of leave or simply prohibit employers from disciplining or firing employees who take time off for reasons related to domestic leave.

The list of covered activities varies by state, but most allow time off for medical care and psychological counseling, relocation or other safety planning, and seeking a restraining order or participating in legal proceedings relating to domestic violence.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Rules on Using Vacation for Employees – Part II

Rules on Using Vacation for Employees - Part II

Some employers require employees to schedule their vacations well in advance. And employers are free to limit how much vacation time employees may take at once.

Employers may also impose a waiting period on using vacation time for new employees. Some employers, for instance, don’t allow employees to use any vacation during their first three to six months on the job.

Even if the employees accrue vacation during this period, they may not use it until the waiting period is up.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Rules on Using Vacation for Employees – Part I

Rules on Using Vacation for Employees

Companies are largely free to determine when employees may use vacation. For example, an employer may prohibit employees from using their vacation during its busy season.

Employers may also set notice rules requiring employees to give advance notice of vacations (and many employers do, to avoid having too many workers out at the same time).

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Which Employees Get Vacation and How Much? Part II

Which Employees Get Vacation and How Much part ii

Employers are also free to offer vacation to some employees and not to others. For example, they are legally allowed to reserve paid vacation only for full-time employees.

And many do: The Bureau of Labor Statistics reports that, while 91% of full-time employees in private industry receive some paid vacation, only 34% of part-time employees do.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com