New California Hiring Practices Laws

With Gov. Jerry Brown signing some new bills into law last year (2017), it is essential for California entrepreneurs and lawyers to familiarize themselves with them. The new laws are diverse. They range from workplace protection laws, wages and hours, health and safety, leave and benefits to hiring practices laws.

Some of these mentioned laws are already in effect. They took effect on 1st January 2018. Therefore, all concerned employers should abide by these hiring practices to the last detail.

Background Checks

It is a common practice for employers to look into an applicant’s history and background. California employers should be careful and make sure they comply with the new laws that relate to hiring practices. The current situation implies that it is naive to judge a person’s competence based on their past.

Employers should not make their hiring decisions based on detentions or arrests that did not lead to a conviction in a court of law. They should also know that such decisions should not be based on participation and referral to any post or pre-trial diversionary program. Such measures no longer apply as they are deemed as discriminatory.

It is now unlawful for employers to:

1. a) Seek to know about conviction histories of potential employees. They should not ask for such information in any job application form.
2. b) Put into consideration the conviction history of a potential employee unless there is a conditional offer made to the job applicant.
3. c) Disseminate, distribute or consider any information that relates to specific prior convictions, diversions, and arrests.

One can no longer deny an applicant a job position solely because of their conviction history. When an employer seeks to do so, they should be able to point out and prove that such history will directly get in the way of the job’s duties.

If the employer can prove this, they should write to the applicant informing them of the reasons for such a decision. After this, the applicant can respond within five days. In case the applicant disputes such a decision based on facts and accuracy, he or she has five more days to get documents that support his or her claims and respond to notice of assessment.

However, various jobs are exempt from this rule. These include:

a) Criminal justice positions.

b) Local or state agency positions whereby one is expected to run background checks based on convictions.

c) Farm laborer contractor positions.

d) Positions where employers are required by federal, state or local law to run background checks based on criminal histories.

Determining Salary

Employers are also not allowed to inquire about an applicant’s salary history to determine if they will offer employment or what salary they will pay. They should not do this personally or through an agent.

The only time when an employer may consider salary history is when an applicant voluntarily, without any coercion or duress, gives out this information. Employers may also do this by use of information from Acts like Federal Information or Public Records although this process may be hectic and cumbersome.

All employers, including local or state governments, will upon the request of an applicant provide information about the pay scale of the sought position.

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