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 court disposition” that occurred while the applicant was subject to the “process and jurisdiction” of the juvenile court.   

The new law contains a carve out for healthcare facilities seeking to employ applicants who will have regular access to patients and/or drugs and medication.  For these applicants, the healthcare facility may seek disclosure of their relevant history, but first must furnish a list describing the particular types of offenses that must be disclosed.  Healthcare facilities also must be cautious that they limit the scope of their juvenile criminal inquiries to information related only to unsealed felony and misdemeanor offenses that occurred within the preceding five years.   

This law will apply to all public and private employers, except as noted above.  This law will become effective January 1, 2017.    

Employers should review their employment applications and hiring process to ensure compliance with this new law.  If you have any questions about the new law, please contact Dale Kuykendall or Evan Beecher in Jackson Lewis’ Sacramento office, or the Jackson Lewis attorney with whom you regularly work.

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Photo of Dale R. Kuykendall Dale R. Kuykendall

Dale R. Kuykendall is a principal and the office litigation manager for the Sacramento, California, office of Jackson Lewis P.C. His practice focuses on advising and counseling employers in the hiring, supervision and termination of employees.

In addition to his advice and counsel…

Dale R. Kuykendall is a principal and the office litigation manager for the Sacramento, California, office of Jackson Lewis P.C. His practice focuses on advising and counseling employers in the hiring, supervision and termination of employees.

In addition to his advice and counsel practice, Dale has successfully litigated a wide variety of employment cases through trial, including claims of unfair competition, breach of contract, discrimination, harassment and wrongful termination.

Photo of Evan D. Beecher Evan D. Beecher

Evan D. Beecher is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in all types of employment disputes including harassment, discrimination, retaliation and wrongful termination cases in both state and federal court as well as in arbitration…

Evan D. Beecher is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in all types of employment disputes including harassment, discrimination, retaliation and wrongful termination cases in both state and federal court as well as in arbitration and administrative hearings.

Evan also defends employers in wage and hour matters, including class and representative action lawsuits. In addition, Evan provides advice and counsel to clients on a variety of employment practices including employee compensation and overtime exemptions, separation agreements, medical leaves of absence, employee handbooks and labor relations.