California Employment Law Update

Category Archives: Background Investigations

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California’s Civil Rights Department Adds More Detail to Regulations Regarding Consideration of Applicants’ Criminal History

In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy.  Most recently, the CRD released proposed modifications to the regulations under the Fair Employment and Housing Act (“FEHA”) related to the use and consideration of … Continue Reading

California May Relax Background Check Process

Many employers undertake routine background checks as part of their hiring process.  To be effective, of course, the process has to be completed in a timely manner.  Yet, a recent court decision, All of Us or None v. Hamrick, 64 Cal. App. 5th 751 (2021), made that process appreciably more difficult by prohibiting searches of … Continue Reading

Employers Beware! 1 in 3 Americans Admit They Lied on Their Resumes

A recent ResumeBuilder survey found that 32% of Americans admit to lying on their resume.  In the current highly active labor market, with 65% of employees searching for a new job according to the PwC US Pulse Survey, employers should carefully review incoming resumes. Interestingly, the ResumeBuilder survey found: 1) resume lies are most frequent … Continue Reading

New Restriction on Background Checks in California

The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records.  All of Us or None v. Hamrick.  This ruling complicates and further restricts how and even whether (from a practical standpoint) employers … Continue Reading

March 2019 California Employment Law Notes

We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading

Employer Violated FCRA With Improper Background Check Notice

Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019) While applying for employment with CheckSmart Financial, LLC, Desiree Gilberg signed a “Disclosure Regarding Background Investigation,” which resulted in Gilberg’s filing a putative class action against CheckSmart, claiming it had violated the federal Fair Credit Reporting Act (“FCRA”) and the California Investigative … Continue Reading

Statewide “Ban-the-Box” Legislation

Known as “Ban-the-Box” legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new law prohibits employers from inquiring about or considering a job applicant’s conviction history prior to an offer of employment. Specifically, the new law amends California’s Fair Employment and Housing Act (“FEHA”) by … Continue Reading

California Enacts “Ban the Box” Legislation

On Saturday, October 14, 2017, California Gov. Jerry Brown signed Assembly Bill 1008 into law, which is set to take effect on January 1, 2018.  Known as the “Ban the Box” legislation, in reference to the box applicants are asked to check if they have any prior criminal convictions, the new law prohibits employers with … Continue Reading

Garbage Truck Employee Who Failed To Provide Proof Of Right To Work Could Proceed With Age Discrimination Claim

Santillan v. USA Waste of Cal., 853 F.3d 1035 (9th Cir. 2017) Gilberto Santillan, a 53-year-old garbage truck driver in Manhattan Beach, was employed for 32 years before his employment was terminated by a new route manager (Steve Kobzoff) after Santillan had four accidents in a 12-month period. Santillan disputed that he had four accidents … Continue Reading

Employer Violated FCRA By Including Liability Waiver In Disclosure Statement

Syed v. M-I, LLC, 846 F.3d 1034 (9th Cir. 2017) When Sarmad Syed applied for a job with M-I, he was given a “Pre-employment Disclosure Release,” which informed him that his credit history and other information could be collected and used as a basis for the employment decision; the document also stated that by signing … Continue Reading

California Further Limits Use of Criminal Background Information

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are scheduled to take effect on July 1, 2017, largely follow the EEOC’s 2012 Enforcement Guidance. In addition to the new FEHC regulations and existing California law, which … Continue Reading

LA’s Ban the Box Ordinance: New Rules and Regulations

As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment … Continue Reading

Immigration-Related Protections Expanded

This bill makes it unlawful for an employer to request more or different documents than are required under federal immigration law, to refuse to honor documents tendered that on their face reasonably appear to be genuine, to refuse to honor documents or work authorization based upon the specific status or term of status that accompanies … Continue Reading

California Prohibits Employers from Considering Juvenile Criminal Convictions

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although California law prohibited employers from asking about or considering arrests or detentions that did not result in convictions, the law did not impose any restrictions regarding what types of convictions employers could ask about … Continue Reading

Proskauer Wins Summary Judgment on Behalf of Paramount in Breach of Contract, Discrimination Case

The plaintiff was an Australian citizen working as an associate attorney for the law firm of O’Melveny & Myers LLP on a work visa. In October 2009, Paramount extended to her a conditional offer of employment to serve as its Vice President, IT Legal, the offer being contingent upon the completion of a background investigation … Continue Reading

Harmony at the High Court: Supremes Issue Unanimous Decisions on Government Background Checks, Third-Party Retaliation

The U.S. Supreme Court handed down two important employment law decisions in January, embarking upon a year that includes a host of notable cases that onlookers anticipate could bring about significant changes and clarifications in labor and employment law.… Continue Reading

NASA’s Employment Questionnaire Waiver May Violate Employees’ Privacy Rights

Nelson v. NASA, 512 F.3d 1134 (9th Cir. 2008) NASA began requiring plaintiffs (long-time, “low-risk” contract employees of the Jet Propulsion Laboratory) to undergo a National Agency Check with Inquiries (“NACI”), which includes, among other things, a request for background information, the names of three references and disclosure of any illegal drug use within the … Continue Reading

Negligence Suit Against Employment Agency Was Not Time-Barred

E-Fab, Inc. v. Accountants, Inc. Services, 153 Cal. App. 4th 1308 (2007) E-Fab designs and manufactures precision components and tools. When in 1996 E-Fab needed a temporary accountant, it contacted defendant Accountants, Inc. Services. Accountants represented to E-Fab that it had screened Vickie Hunt and had confirmed and verified her qualifications, credentials and accomplishments. From 1996 to … Continue Reading

Employer Did Not Violate Consumer Reporting Agencies Act

Moran v. Murtaugh, Miller, Meyer & Nelson, 126 Cal. App. 4th 323 (2005) Gene Moran was hired as a paralegal by the Murtaugh, Miller law firm. Shortly thereafter, one of the firm’s associates conducted a computerized legal database search and discovered that Moran had several felony convictions in his past, including grand theft and second-degree … Continue Reading
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