Employer Guide | Preparing for DHS and ICE Investigations & Raids
With increasing workplace immigration enforcement, employers must be prepared for visits from the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). ICE agents may appear at business to 1. investigate compliance with workplace rules as they relate to immigration laws (Form I-9 audit) or 2. enforce immigration laws (an ICE raid or an attempt to detain a worker). The thought of having any type of government agent appear at your workplace is stress inducing. However, knowing your rights and having a response plan will ease your anxiety. Here is a step-by-step guide to handling ICE visits and audits while ensuring compliance with the law. 1. Understanding ICE Workplace Actions ICE may seek to enter a business for three main reasons: Key Takeaway: Be prepared for each of these scenarios by understanding your rights and responsibilities. 2. Preparing for an ICE Visit Proactive planning can prevent confusion and legal missteps. Employers should: 3. What to Do When ICE Arrives Best Practice: If possible, record the event on video to document any potential legal violations. 4. Handling a Form … Continue reading
How to Use AI for Job Search & Interviews | Smarter Career Moves
In today’s fast-paced job market, Artificial Intelligence (AI) isn’t just for tech companies—it’s a game changer for anyone looking to advance their career. Whether you’re actively job hunting or preparing for an interview, AI tools can give you the competitive edge you need. Here are a few ways you can leverage AI to make your job search and interview preparation smarter, faster, and more efficient. 1. Streamlining Job Search with AI AI tools like LinkedIn’s job recommendations or specialized job boards use algorithms that match job seekers with roles based on their skills, experience, and preferences. These platforms analyze vast amounts of data to find the most suitable listings, cutting down the time spent searching. 2. Optimizing Your Resume with AI AI-powered resume builders can help you tailor your resume to specific job descriptions. Tools like Jobscan scan your resume and compare it to job listings, recommending keyword adjustments that make your application stand out to Applicant Tracking Systems (ATS). 3. Interview Prep with AI-Powered Simulations One of the most innovative ways AI supports job seekers is through interview preparation. … Continue reading
2025 Employment Practices Audit: Protect Your Business with a Comprehensive Review
As we kick off 2025, it’s time for employers to conduct an in-depth Employment Practices Audit. This audit isn’t just a checklist—it’s an essential step to ensure your workplace remains compliant with California’s ever-evolving employment laws. By auditing key areas of your business, you can reduce legal risks, promote a positive workplace culture, and avoid potential disputes with employees. Let’s take a closer look at how to audit each important area. 1. Hiring Practices: Ensuring Fairness and Compliance Review all job descriptions to ensure they align with California’s anti-discrimination laws (e.g. no questions about prior pay, disabilities, criminal records, and a new one…having a valid driver’s license). Examine your interview questions and selection processes to make sure they are free from bias. Also, ensure that your background check policies comply with state and federal laws, particularly those surrounding criminal records. 2. Wage and Hour Compliance: A Critical Review Wage and hour compliance is a priority for California employers. To avoid costly lawsuits or penalties, you’ll want to ensure: Given recent updates to the Private Attorneys General Act (PAGA), it’s crucial … Continue reading
Don’t Let the Layoff Be the End of the Story: Negotiate Your Severance
Facing a layoff can be a challenging and uncertain time, but knowing how to negotiate your severance package can provide crucial support during your transition. For employees from companies like Cisco, Paramount, Stellantis, and others who are currently navigating layoffs, it is essential to understand some basics about severance pay and how you can advocate for yourself effectively. What is Severance Pay for Layoffs? Severance pay is a form of financial compensation given to employees who are laid off or terminated. Its purpose is to assist you during your job transition and to buy the company peace of mind that you will not sue for any potential issues related to your employment in the future. Typically, severance pay may include: Understanding the basics of severance pay is crucial. A great reference guide with tips to navigate a layoff, refer to Indeed’s guide. Is Negotiating a Severance Package Worth It? Absolutely. Negotiating your severance package is a key step in ensuring that you receive the support you need. Here’s why it matters: Many employees accept the initial severance offer without question, … Continue reading
Drafting an AI Policy for Small Businesses: Why It Matters and How to Get It Right
Photo by Markus Winkler on Unsplash As artificial intelligence (AI), and more specifically, generative AI, increases in capability, use, and acceptance, it becomes increasingly vital for all businesses, even smaller businesses to establish an AI policy. It’s not just tech giants that need to concern themselves with the implications of AI; small businesses are equally accountable and have just as much to gain – or lose – from its potential. The Importance of an AI Policy in the Workplace As a small business owner, you might be tempted to ignore the role of AI in your operations. You might even question the necessity of an AI policy at all. But the reality is that AI has penetrated all facets of the business world and is not limited by size or sector. Whether it’s customer service chatbots, data analytics tools, or HR systems screening potential hires, AI is likely already embedded in your business processes. Then there are the tech savvy employees who may be using ChatGPT or Bard to draft a letter, create content, or make their work easier in … Continue reading
Employer’s COVID-19 Notice Requirements
AB-654 went into effect immediately on October 5, 2021, and will expire on January 1, 2023. The law amends California Labor Code Section 6325 and amends and repeals Labor Code section 6409.6 relating to occupational safety and notice requirements about COVID-19 in the workplace. Below is an outline of an employers’ notice requirements as well as duties to report exposure to COVID-19 in the workplace. If you receive an OSHA that your place of employment, operation, or process, poses an imminent risk to workers of exposure to infection with COVID-19, resulting in OSHA prohibiting entry to the place of employment or prohibiting the risky operation or process, you must post the OSHA notice in a conspicuous place at the place of employment and may not be removed except by an authorized OSHA representative. If you receive notice of potential exposure to COVID-19, the employer must do the following within one business day of the notice of potential exposure: Provide a written notice of potential exposure to 1. All employees; and 2. employers of subcontracted employees who were at the same … Continue reading
Families First Coronavirus Response Act (H.R. 6201) Signed Into Law
Yesterday, the Families First Coronavirus Response Act (H.R. 6201) was passed into law and goes into effect on April 1, 2020, and stays in effect until December 31, 2020. If you are an employer with less than 500 employees, please read because this will apply to you. Employers, check out our COVID-19 Resource Guide. The Act: requires private insurance plans to provide free COVID-19 testing; requires employers to provide emergency paid sick leave to workers affected by COVID-19 and expands family and medical leave; and provides increased funding for state unemployment insurance programs, food stamp and nutritional programs and others. This post will focus on the emergency family and medical leave and emergency sick leave aspects of the Act, which will affect the vast majority of employers and employees across the country. There are two provisions providing paid leave to employees forced to miss work because of the COVID-19 outbreak: an emergency expansion of the Family Medical Leave Act (FMLA) and a new federal paid sick leave law. Emergency Family and Medical Leave Expansion Act FMLA Coverage is Expanded to Include Most Employers – The Act … Continue reading
COVID-19 Resource Guide for Employers
Please keep in mind that the situation is ever-developing and information and guidelines will constantly change. That being said, as of today, there are many programs available to you both on the state and federal level. Where can I get help if my business is facing financial strain due to COVID-19? The United States Small Business Administration (SBA) provides small business owners with low-interest disaster relief loans if their business is in a state and county that has been declared an “Eligible Disaster Area” by the SBA. In California, as of March 16, the following counties have been declared as eligible: Alameda, Calaveras, Contra Costa, Los Angeles, Sacramento, San Diego, San Francisco, San Mateo, Sonoma, Tuolumne, Alpine, Amador, El Dorado, Imperial, Kern, Lake, Madera, Marin, Mariposa, Mendocino, Merced, Mono, Napa, Orange, Placer, Riverside, San Bernardino, San Joaquin, Santa Clara, Santa Cruz, Solano, Stanislaus, Sutter, Ventura and Yolo. If your business is located in an Eligible Disaster Area, you may qualify for an Economic Injury Disaster Loan (EIDL) from the SBA. To qualify, an applicant must have an acceptable credit history, … Continue reading
Three Ways to Transfer the Family Business
I’ve had clients who have had to deal with business succession issues and so I invite John L. Wong to provide some insight into what business succession planning is and why business owners should think about it. As an Orange County Estate Planning Attorney, many of my clients own some form of small business. One of the first questions I ask is: “What’s going to happen to your business when you retire or pass away?” There are two very common responses: I’m going to transfer the business to my children; or I’m going to sell the business. I could certainly go through a bunch of hypotheticals to poke holes in these two responses, but often times, if the question was phrased differently, the issue becomes much clearer. “What would happen to your business if you died today?” After some reflection, common responses are: The business would fail; The business would be taken over by an employee. So how do ensure your business is transferred under the first set of scenarios instead of the second set? How do you ensure … Continue reading
What to Do: Employee Leaves With Trade Secrets
Losing an employee, especially a key employee, is difficult for any business. You’ve invested time, know-how, and resources in your employees and they in turn are the lifeblood of your business. Unfortunately, people leave and when they leave, it is usually to work for a competitor or even to start a competing business. If that employee had access to your company’s confidential information such as customer lists, customer preferences, pricing formulas, and any other information that gives you a competitive edge, you want to make sure that the employee can’t take that valuable information to a competitor. How do you protect trade secrets from a competitor when an employee leaves? I have good news and bad news for you. The bad news: If the first time you think about protecting your company’s confidential information is after a key employee leaves, it may be too late. One of the fundamental requirements under California and Federal laws that protect trade secrets is the requirement that you made reasonable efforts to keep that information a secret. Thus, if you haven’t thought about how … Continue reading