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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…
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…
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…
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…
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…
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…
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…
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…
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…
San Francisco recently posted FAQs describing key provisions of the city’s Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014. The “bans the box,” Ordinance prohibits most private employers and contractors in the…