California criminal background check laws
California criminal background check laws
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Thousands of public workers at nine state departments will undergo criminal background checks that could affect their employment, according to the state Human Resources Department. If the background checks turn up past criminal convictions, employees could be “non-punitively separated,” according to notices sent to labor unions. The reviews are intended to bring California in compliance with security guidelines from the Internal Revenue Service that require criminal background checks for contractors and public employees who have access to federal taxpayer information.
https://www.sacbee.com/news/politics-government/the-state-worker/article188828049.html
California employers that conduct background checks must navigate a wide range of legal requirements or face hefty penalties. Nuanced notice requirements apply to obtaining an employee’s or prospective employee’s consumer reports, criminal history and credit reports. These requirements are not exclusive of each other and employers should take special care to comply with all requirements associated with the types of information sought. Investigative Consumer Reports Investigative consumer reports contain information on an individual’s character, general reputation, personal characteristics or mode of living. Prior to requesting these reports, an employer must first notify the applicant/employee of its intent to obtain such report through a standalone, clear and conspicuous written disclosure containing only the following information:
If you are planning to hire new employees to work in your winery, you should be aware of two new employment laws that restrict employers from obtaining and relying upon certain information about job applicants. In 2017, the California legislature passed laws limiting employers from collecting and considering information about applicants’ criminal backgrounds and prohibiting employers from asking applicants to disclose their prior salaries. Employers – even small businesses – who fail to comply with these new laws can be subjected to administrative charges, government investigations, costly litigation, and significant damages and penalties. All California employers should carefully consider their hiring processes and practices to ensure compliance.
https://www.northbaybusinessjournal.com/opinion/8279584-181/employment-wine-law
The California Supreme Court has upheld a state law that requires employers to obtain workers' permission before hiring a company to check their backgrounds. The court in a unanimous ruling on Monday rejected an argument that the law was unconstitutionally confusing because it overlapped with another law that doesn't require employee consent. The justices said employers could follow both laws. The ruling came in the case of a bus driver who filed a lawsuit alleging her employer, First Student, Inc., did not obtain her written consent for a background check as required. An email to an attorney for First Student and a call to the company were not immediately returned.
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