Criminal Records Hiring & Firing

News & Analysis as of

New Fair Employment and Housing Act Regulations Further Limit Consideration of Criminal History in Employment Decisions

Considering criminal records when making employment decisions has long been the subject of scrutiny, and will soon be governed by new California regulations. On March 27, 2017, the California Office of Administrative Law...more

New Regulations Limit California Employers’ Consideration of Criminal History

Seyfarth Synopsis: The California Fair Employment and Housing Council (“FEHC”) has approved new regulations, effective July 1, 2017, to limit employers’ use of criminal history when making employment decisions....more

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...more

California FEHC Regulations Limit Use of Criminal History for Employment Decisions

The Fair Employment and Housing Council has finalized new regulations that will further limit employers’ ability to consider criminal history when making employment decisions. The new regulations are scheduled to take effect...more

It's Not Just a Box: Understanding How "Ban-the-Box" Laws Go Beyond Your Employment Application

In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made a conditional offer. It was not for another 12 years...more

California Employers Are Subject to New Requirements When Using Criminal History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

LA’s Ban the Box Ordinance: New Rules and Regulations

As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los...more

Final FEHC Criminal History Regulations Approved, Move One Step Closer to Implementation

On January 10th, the California Fair Employment and Housing Council (FEHC) approved proposed regulations related to employer use of criminal history information. The regulations will be filed with the Office of...more

“Ban the Box” Has Arrived in the City of Los Angeles—Are You in Compliance?

Is your organization located in or doing business in the City of Los Angeles? Does your organization have 10 or more employees who spend time working there? If yes to both, it is time to take a look at your employment...more

Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania company is a reminder for employers to keep employment records regarding the use of criminal background...more

California and Criminal Convictions: Employers May Want to Reexamine Their Background Check Policies in Light of Proposed...

In early 2016, the California Fair Employment and Housing Council (FEHC) proposed regulations that are intended to define and clarify how using a person’s criminal history may violate the Fair Employment and Housing Act...more

Los Angeles Joins Ban the Box Movement

Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job. With its , the city joins San Francisco, New York, Chicago, and about two dozen...more

New Los Angeles ‘Ban the Box’ Ordinance

Action Item: Los Angeles employers should review their hiring process, including job applications, to ensure compliance with a new law that limits inquiries of an applicant’s criminal history starting January 1, 2017, or risk...more

Ban the Box: Breaking Down the “Los Angeles Fair Chance Initiative for Hiring” Ordinance

Mayor Eric Garcetti recently signed into law legislation seeking to protect employment applicants from discrimination based on their criminal convictions. Here is what you need to know about the new law going into effect on...more

City of Los Angeles Passes Ban-the-Box Law

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...more

City of Los Angeles “Bans the Box”

Los Angeles Mayor Eric Garcetti has signed into law the “Fair Chance Initiative,” which prohibits employers from asking applicants about their criminal histories “at any time or by any means,” including on job applications,...more

California Law Restricts Employers From Asking About Juvenile Criminal History

California recently amended its existing law governing inquiries into and the use of juvenile criminal information. Effective January 1, 2017 employers will be restricted from asking about, seeking, or using a California...more

Criminal Background Checks: Banning the Box in Los Angeles

Los Angeles City is on its way to approve a new Ordinance prohibiting employers with 10 or more employees from including on any application for employment any question that seeks the disclosure of an applicant’s criminal...more

Assembly Bill 1843 Prohibits Employers from Inquiring about Juvenile Convictions or Using Juvenile Proceedings In Employment

Effective January 1, 2017, Assembly Bill 1843 prohibits hiring-related inquiries concerning juvenile convictions or from using information regarding juvenile court actions or custodial detentions as a factor in determining...more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

California’s Employment Law Class of 2017 (Part I): The Laws, Their Effects and Some Recommendations for Compliance

Amend, extend and clarify: the 2016 legislative session was not so much about creating new rights and responsibilities under California employment law, but more about expanding and addressing lingering questions that stem...more

New Background Check Requirements for California Transportation Network Companies

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes.  The...more

California Legislative Update: Which Bills Made the Final Cut?

Although the California Legislature sent Governor Jerry Brown bills on bed bugs, powdered alcohol, and making denim the official state fabric, the laws enacted in 2016 affecting the state’s private-sector employers were...more

California Prohibits Employers from Considering Juvenile Criminal Convictions

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although...more

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