California employee background check requirements

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Go-to hiring practices for employers in California in 2018 (Part 1)

All employers should be aware that their use of mandatory employment arbitration agreements is prohibited in California effective January 1, under recently signed Assembly Bill No. Under current California law Firm News Publications Events Blogs.

New Background Check Laws for 12222

Attorneys Professional Staff Current Openings. Doug Dexter, Holly L. Firm Highlights. School records are otherwise confidential and employers can NOT access them without your written consent.

How do background check reporting requirements vary by state? – Checkr Help Center

Criminal Convictions. Employers are permitted to deny a job to an applicant based on prior criminal convictions, but only if the convictions are relevant to the job.


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Although an employer may review a job applicant's criminal history for the past 7 years, the employer must limit any inquiry into marijuana use to the prior two years. If the investigation results in an adverse action, there are additional requirements. Credit Reports.

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If the prospective employee falls within one of the six 6 categories, employers can view an applicant's credit report not the credit score to confirm or deny information provided by the job applicant, and to judge the applicant's level of responsibility. A California employer is prohibited from using a bankruptcy as a basis to deny employment. Doing so can lead to a lawsuit for discrimination. Employers can obtain an employee's driving and vehicle registration records without the employee's consent, but unless driving is a part of the job duties employers should refrain from inspecting such records.

California Employer Background Check Law

Worker Compensation Records. Although a California employer is prohibited from recinding a job offer because of information revealed in the workers compensation records, the employer may terminate the employee if the records establish that the employee lied on the job application. Medical History. Although employers do have a right to access an applicant's medical history, they are limited to inquiring about the applicant's ability to perform a specific job function.

Insurance-related medical history information is available from MIB Group - Although it is easy to obtain much of the above information, employers desiring to use a third party, may want to contact The National Association of Professional Background Screeners.

If after the review of a credit report , the employer discovers a discrepancy between the address provided by the job applicant and the address on file with the credit reporting agency Equifax, Experian, Transunion , the employer must take additional steps to verify that the credit report actually belongs to the job applicant and send the credit reporting agency a newly confirmed address. If the pre-adverse action actually results in the job applicant not being hired, the employer must then provide the job applicant with an "adverse action notice", which must include: 1 the name, address and telephone number of the company that prepared the report; 2 a statement that the employer, and not the company that prepared the report, has decided not to hire the employee; and 3 a statement that the job applicant still maintains the right to dispute the accuracy, or completeness, of the information in the report.

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California’s Ban-the-Box Law

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