California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Tag Archives: background checks

Friday’s Five: Los Angeles City employers cannot seek criminal background information beginning in 2017

Posted in Best Practices For California Employers, Employee Handbooks
Downtown LAMayor Garcetti signed into law the “Los Angeles Fair Chance Initiative for Hiring” ordinance on December 7, 2016.  The law takes effect January 22, 2017.  The Mayor’s holiday gift to employers leaves only a couple of weeks to them to change applications and hiring processes to comply with the new ordinance.  This Friday’s Five lists… Continue Reading

Criminal background information in California: Five items to understand

Posted in Best Practices For California Employers, Employee Handbooks, Resources
Generally, California employers must comply with the following rules governing whether they may obtain criminal history information when conducting background checks for applicants or employees: Employers cannot consider prior arrests not leading to conviction in employment decisions. Employers cannot seek information or rely on information pertaining to referral to diversion programs. California prohibits employers from… Continue Reading

Five reminders about conducting background checks under federal and California law

Posted in Best Practices For California Employers, Class Actions
Based on last week’s post about the lawsuit filed against LinkedIn alleging that it violated the federal Fair Credit Reporting Act (FCRA), I thought it would be good to point out a few issues the arise when employers conduct background checks.  This article is not comprehensive, and this area of the law is very detailed,… Continue Reading

Five things employers must understand about LinkedIn’s job reference lawsuit

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Technology & Law
Recently, the issue raised in Sweet v. LinkedIn is whether the Reference Searches functionality offered by LinkedIn is governed by the regulations set forth in the FCRA.  The Reference Search feature allows users who pay a fee to search for references that have worked with any other LinkedIn member.  The results list common employers and… Continue Reading

Everything Employers Need To Know About Social Media In the Workplace In 2013

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law
I will be conducting a webinar on January 15, 2013 on legal issues of social media in the workplace. The presentation will cover everything a California employer needs to know about social media in the modern workplace of 2013: Discussion on the new law (Labor Code section 960) that prohibits employers from asking applicants and… Continue Reading

Everyone Needs To Calm Down About Social Media And The Law

Posted in Best Practices For California Employers, New Cases, Technology & Law, Wrongful Termination
I would love to be able to tell my clients that the Internet and social media has created a very complex set of legal issues that requires them to hire me in order to help develop all new handbook policies, change the way they conduct background checks on applicants, and monitor their employees. However, unfortunately,… Continue Reading

New Law Effective 2012 Restricts Employers Ability To Conduct Employee Credit Checks

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks
California’s new labor code provision severely restricts an employer’s ability to conduct credit checks on employees. Labor Code 1024.5, which took effect on January 1, 2012, only allows employers to conduct credit checks for employees who meet one of the following categories: A managerial position. A position in the state Department of Justice. That of… Continue Reading

Is The Jury Still Out On Social Media Background Checks?

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law, Wrongful Termination
Mat Honan at Gizmodo wrote recently about a new company that helps employers search applicant’s “internet background” to assist in the hiring process. As Mat rightly points out, much of the concern over this “new technology” is overblown, and as he puts it, "[e]mployers would have to be stupid not to Google job candidates."  As… Continue Reading makes on-line social networking searches for job applicants easier and faster

Posted in Best Practices For California Employers
Human resource professionals and hiring managers have developed a better way to gain insight into new hire’s backgrounds: information posted in social networking sites. About two years ago, I was often asked whether it was legal to google a job applicant, or to review his or her information posted on the Internet. While some lawyers… Continue Reading