San Diego County recently passed its own Fair Chance Ordinance which takes effect on October 10, 2024. The ordinance applies to businesses operating in the unincorporated areas of San Diego County. Similar to the Los Angeles County ordinance, it requires employers to assess the risk presented by an applicant’s criminal history in relation to
Hiring and Background Checks
Senate Bill 1100: New California Law Restricts Driver’s License Requirements in Job Postings
On September 28, 2024, Governor Newsom signed Senate Bill (SB) 1100 into law making it an unlawful employment practice to include statements about the need for a driver’s license in job advertisements, postings, applications, and similar employment material. In California, driver’s licenses have increasingly become a condition of employment. The law addresses discrimination against individuals…
Los Angeles County Passes Fair Chance Ordinance That Applies to Unincorporated Areas of the County
At the end of February, the Los Angeles County Board of Supervisors passed an ordinance adding several compliance requirements to the California Fair Chance Act requirements for employers considering the criminal history of applicants and employees in making employment decisions.
The Fair Chance Ordinance (FCO) applies to employers with 5 or more employees in unincorporated…
Updates to Required California Pamphlets for New Hires
The State of California recently updated two pamphlets that must be provided to new hires.
The California Department of Industrial Relations Division of Workers Compensation updated its “Time of Hire” Pamphlet. Employers must provide this document to newly hired employees. The document explains what workers’ compensation is, how to file a claim in…
Reminders About California’s Fair Chance Act
California’s Fair Chance Act also known as the “Ban the Box” law took effect in January 2018. It generally prohibits employers with five or more employees from asking about your conviction history before making you a job offer. In 2021, California’s Civil Rights Department (formerly the Department of Fair Employment and Housing) announced new efforts…
California’s Modified Background Regulations Take Effect October 1st
This summer the California Civil Rights Council approved modified regulations pertaining to California’s Fair Chance Act.
These modifications take effect on October 1, 2023.
Employers should remember the following as these changes take effect.
- When notifying an applicant of a disqualification the notice must include all of the following:
- Notice of disqualifying conviction
California Civil Rights Council Modifies Regulations Pertaining to Background Checks
On July 24, 2023, the California Office of Administrative Law approved the California Civil Rights Council’s modifications to regulations pertaining to California’s Fair Chance Act. Under the Fair Chance Act, employers with five or more employees are prohibited from asking an applicant about conviction history before making a job offer and setting forth other…
Pre-Employment Drug Testing Not Compensable Under California Law Holds Ninth Circuit
In a recent decision by the Ninth Circuit, the Court of Appeals upheld the district court ruling in favor of grocery chain WinCo Holdings, Inc., holding that plaintiffs who were not yet employees when they took drug tests were not entitled to compensation for the time spent being tested.
In Johnson v. WinCo Foods Holdings…
New Bill May Reduce Delay in Background Checks
Last year, the California Court of Appeal ruled in All of Us or None of Us. v. Hamrick that an individual’s date of birth and driver’s license number could not be used as data identifying a criminal defendant in public records. Based on that decision, many courts around the state redacted birth dates and driver’s…
California’s Department of Fair Employment and Housing Pushes Enforcement of Fair Chance Act
The Fair Chance Act, commonly referred to as California’s “ban the box” law, imposes restrictions on employers with five or more employees from asking a job applicant any questions that seek the disclosure of their conviction history before making a conditional offer of employment. Last year, the Department of Fair Employment and Housing (DFEH) updated…