Hiring and Background Checks

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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…

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,…

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…

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…

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…

The Ninth Circuit’s recent ruling in Dutta v. State Farm Mutual Automobile Insurance Company highlights the importance of evaluating and potentially challenging a plaintiff’s standing in a Fair Credit Reporting Act (“FCRA”) action.

Dutta alleged that, in violation of § 1681b of the FCRA, State Farm failed to provide him with notice of his FCRA…

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…

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…