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
Hiring and Background Checks
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…
West Hollywood Passes Ordinance Expanding Hotel Worker Protection
Last week, the City of West Hollywood approved an expansive hotel worker protection ordinance. The ordinance seeks to protect the safety and security of hotel workers and improve their working conditions. The following is a summary of the ordinance’s five key elements.
- Personal Security Devices
Similar to an ordinance passed in 2020 by Sacramento…
California Court of Appeal Ruling Could Severely Restrict Employment Background Checks
California employers should review their employment background check procedures in light of recent developments. The California Court of Appeal recently ruled in All of Us or None of Us v. Hamrick that an individual’s date of birth and driver’s license number cannot be used as data identifying a criminal defendant in public records. The ruling…
California Labor Commissioner Issues Guidance for Statewide Right of Recall
Several months after Governor Newsom signed into law a statewide right of recall statute affecting the hospitality industry and building services, the Labor Commissioner’s office finally issued a Frequently Asked Questions page.
The FAQs clarify that an acceptance by an employee of an offer must be delivered to the employer within 5 business days,…
Starting Compensation and Pay Equity in California
As California moves toward a tentative reopening date of June 15, employers may be considering bulking up their workforce again. If hiring new employees, employers should consider the guidance issued by the California Commission on the Status of Women (“Commission”), regarding starting compensation.
The guidance from the Commission first sets forth the applicable California…
Statewide Right of Recall Bill Signed by Governor Newsom
The Governor has signed Senate Bill 93, which would require that covered employers offer employees laid off due to the COVID-19 pandemic available positions based on a preference system. The new statute is targeted at the hospitality industry, which has started to reopen as the state moves toward full reopening.
The bill is a…
Right of Recall Could Soon Be Statewide
As the state of California moves toward full reopening, employers in certain jurisdictions in California already have to contend with local right of reemployment or recall requirements. While last year Governor Newsom vetoed a statewide right of recall, the state legislature has approved a similar statute, Senate Bill 93. If signed…
Reminder Regarding Right of Recalls as Reopening Restarts
As more counties move toward the Orange Tier on the state reopening guidance, businesses can reopen or operate under less restrictive requirements. This may mean employers need more employees than in the last several months. Though last year, the Governor vetoed a statewide right of recall requirement, several cities still have ordinances in…
California Prohibits “No Rehire” Provisions In Settlement Agreements
Beginning January 1, 2020, agreements to settle employment disputes may no longer contain “no rehire” provisions, as California passes additional legislation spurred on by the #MeToo movement. California joins Vermont and Oregon as the first states to prohibit “no rehire” provisions in employment settlement agreements.
“No rehire” provisions typically state that a former employee will…