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California Lawmakers Introduce Statewide Ban-the-Box Law

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last six months alone, we have reported on a variety of new laws that apply to California employers that use criminal records in pre-hire and other employment decisions.1 Continuing this trend, on February 16, 2017, five California assembly members introduced Assembly Bill 1008, which proposes to add a section to the Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer’s ability to make pre-hire and other employment decisions based on an applicant or employee’s criminal records, including a “ban-the-box” component.

City of Los Angeles Passes Ban-the-Box Law

Executive Summary: The City of Los Angeles recently enacted its own Ban-the-Box law, designed to prevent employers with at least 10 employees from inquiring into or requiring an applicant to disclose their criminal history until a conditional offer of employment has been made. The law is expected to go into effect on January 22, 2017.

City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law

In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal history until after making a conditional offer of employment. Los Angeles’ new “ban-the-box” law follows on the heels of similar legislation enacted in New York City and Austin, Texas, and continues the nationwide ban-the-box trend.1 The Initiative will go into effect in less than one month, on January 1, 2017.

Holiday Hiring: What’s on Your Employment Application

With holiday hiring in full swing, it’s a good time to review what should and should not be asked on employment applications.

“Ban the Box” – California Employers Are Cautioned When Using Criminal Records in Hiring Decisions

By now, California employers are probably aware of the “Ban the Box” movement sweeping the nation. Lawmakers and government agencies aim to provide applicants with a fair chance at employment by eliminating conviction history inquiries in background checks, interviews, and applications. Over 100 cities and counties nationwide have adopted similar initiatives to prevent employers from inquiring about and then rejecting applicants from positions based on their criminal history. President Obama has even endorsed the hiring reform, requiring that federal agencies delay inquiries into criminal records.
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Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Carothers DiSante & Freudenberger LLP | California | California Proposes New Regulations on Parent Leave and Criminal History Inquiries (March 14, 2018)