Uber agreed to pay up to $25 million to settle a 2014 lawsuit filed by city officials in San Francisco and Los Angeles who argued that the ride service gave customers a “false sense of security” by touting its background checks as the toughest in the industry. The…
Posts by Category: California
California Considers Criminal History in Employment Decisions
Continuing the nationwide crackdown on the use of criminal history as a factor in employment decisions, California’s Department of Fair Employment and Housing (DFEH) released proposed regulations for employers with new prohibitions on the practice. In addition…
California’s New E-Verify Law – Get it Right or Pay the Price
Under a new California law that took effect on January 1, 2016, California employers may face civil penalties of up to $10,000 for misusing E-Verify, the federal electronic employment verification system some employers use to verify employment eligibility of newly…
What Does California’s New E-Verify Law Mean For Employers?
Enrollment in E-Verify remains voluntary under federal and California law except for federal contractors with the FAR provision in their contract. California’s new law (AB 622) added significant penalties at the state level for E-Verify violations in addition to…
California Law and Background Screening
The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting Agencies Act (ICRAA) is unconstitutionally vague when applied to employee background checks because of its overlap with another California law, the Consumer Credit…
Hernández Bill to Prevent Retaliation Caused by Misuse of E-Verify Signed by Governor Brown
Assembly Bill (AB) 622 authored by Assembly member Roger Hernández (D – West Covina) was signed by Governor Brown. AB 622 limits the misuse of E-Verify by prohibiting employers from using E-Verify in a manner not prescribed by federal law. In addition, AB 622…
California Laws on Employer Use of Arrest and Conviction Records
If you are among the estimated one in four Americans with a criminal record, you might face an uphill battle in your job search. Surveys show that a majority of employers (92%) perform criminal background checks when hiring for at least some positions. If a…
California Employer Agrees to Pay Largest Civil Penalty for Discrimination During the I-9 Process
The Department of Justice announced that Luis Esparza Services, Inc. (LES) had agreed to pay $320,000 to resolve allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. In the case at hand, it appears that LES routinely…
California Court Upholds Emotional Distress Award Due to Unannounced Random Drug Test
A California appellate court affirmed an award of emotional distress to two employees who felt pressured to submit to a random drug test. The Court reasoned that the random drug test administered in this case violated a fundamental right to privacy, which is protected…
Federal Judge in California Brings Down the Curtain on a FCRA Class Action Against Paramount Pictures
Class actions alleging technical violations of the FCRA against employers who obtain consumer reports on job applicants are all the rage, generating large settlements and headlines. Perhaps bucking this trend, a federal judge in California recently dismissed a…