California Employment Law Update

Tag Archives: background check

September 2018 California Employment Law Notes

We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint  Court … Continue Reading

Employer Must Obtain Written Authorization To Conduct Background Check

Connor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018) Eileen Connor worked as a school bus driver for Laidlaw Education Services, a company that was later acquired by First Student.  First Student retained a consumer reporting agency to conduct background checks on its employees.  The background reports elicited information about the employees, … 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

NASA Employees’ Privacy Was Not Invaded By Background Check

NASA v. Nelson, 562 U.S. ___, 131 S. Ct. 746 (2011) Twenty-eight contract employees of the Jet Propulsion Laboratory (“JPL”), which is owned by NASA but operated by Cal Tech, had never been subjected to a government background investigation. In 2004, a recommendation of the 9/11 Commission prompted the President to order new, uniform identification … Continue Reading

Employment Screening Business Had Right To Republish Megan’s Law Information

Mendoza v. ADP Screening & Selection Servs., Inc., 182 Cal. App. 4th 1644 (2010) William Mendoza sued ADP Screening and Selection Services, Inc. (“SASS”) for violations of Penal Code §§ 290.4 and 290.46, the Investigative Consumer Reporting Agencies Act and declaratory relief based upon SASS’s apparent disclosure to a prospective employer of information uncovered during … 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
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