Archives: Hiring and Background Checks

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California Employers Should Reevaluate Their Criminal Background Check Policies Before July 1, 2017

The Department of Fair Employment and Housing (“DFEH”) finalized new regulations limiting the ability of employers to consider criminal history when making employment decisions.  The regulations become effective on July 1, 2017.  Employers should reexamine their policies and practices of using criminal histories in employment decisions before the regulations take effect.  The new regulations are … Continue Reading

New Regulations Further Limit Use of Criminal History for Employment Decisions

Effective July 1, 2017, new regulations will further limit employers’ ability to consider criminal history when making employment decisions. On March 27, 2017, the Office of Administrative Law approved the Fair Employment Housing Counsel’s new regulations clarifying existing limitations on criminal background checks and, in large part, conforming to the Equal Employment Commission’s position that … Continue Reading

Los Angeles Issues Rules and Regulations Implementing ‘Ban the Box’ Legislation

The Los Angeles Fair Chance Initiative for Hiring Ordinance “FCIHO” went into effect on January 22, 2017. The Bureau of Contract Administration, the Designated Administrative Agency responsible for enforcing the Ordinance, has issued “Rules and Regulations” for the FCIHO. Click here for highlights and more information on the regulations.… Continue Reading

New California Law Limits Employers’ Ability To Inquire Into Juvenile Criminal History

On September 27, 2016, Governor Jerry Brown signed Assembly Bill 1843, which prohibits certain inquiries into the criminal past of applicants for employment.  The new law now adds a prohibition against asking about, considering as part of the hiring process, or attempting to discover, information relating to any “arrest, detention, processing, diversion, supervision, adjudication, or … Continue Reading

Holiday Hiring: What’s on Your Employment Application

With holiday hiring in full swing, it’s a good time to review what should and should not be asked on employment applications. What Not to Ask Any questions designed to elicit information about an employee’s protected characteristics or status should be avoided. Exceptions exist for bona fide occupational qualifications.  A BFOQ is a work requirement … Continue Reading

California Supreme Court to Decide if California Investigative Consumer Reporting Agencies Act is “Unconstitutionally Vague”

The California Supreme Court will decide if the California Investigative Consumer Reporting Agencies Act (ICRAA) is unconstitutionally vague. In Connor v. First Student Inc., the Court of Appeal rejected an employer’s argument that the ICRAA was unconstitutional because the employer could not ascertain whether it was required to comply with it or the California Consumer … Continue Reading

Constitutional Challenge to California’s Background Check Law Rejected

If a background check includes information about a job applicant’s character, California’s background check law applies, the California Court of Appeal has held, rejecting an employer’s challenge to the California Investigative Consumer Reporting Agencies Act (Cal. Civ. Code § 1786 et seq.) (“ICRAA”). Connor v. First Student, Inc., No. B256075 (Cal. Ct. App. Aug. 12, … Continue Reading

New Ban the Box Restrictions Effective in San Francisco July 1, 2014 and August 13, 2014

It may be time to review your company’s employment application and hiring process. The common “Have You Ever Been Convicted of a Felony?” question on employment applications will soon be a thing of the past for many California state and local agencies and private sector employers hiring or recruiting applicants to work within the City … Continue Reading

10 Rules of Startup Employment Labor Law

Originally posted by SmartRecruiters Blog, the leading source for how to hire on the web. To view the original post, please click here. So you’re a startup. You’ve decided to take your world-changing idea and move it out of your dorm room/garage/favorite-table-at-Starbucks and start a legitimate business. So what next? If you plan on staying … Continue Reading

Don’t ask (about my expunged, sealed or criminal records)!

Labor Code section 432.7 prohibits employers from considering, or asking applicants about, information concerning: (1) arrests or detentions not leading to conviction or (2) referral to, or participation in, a pretrial or post-trial diversion programs.  Newly passed SB 530 adds to these restrictions, amending section 432.7 to prohibit employers from asking job applicants about criminal … Continue Reading
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