The 12 Days of California Labor and Employment Series – Day 2 "Requiring a Driver’s License May Not Be Wise"

by Hinshaw & Culbertson - Employment Law Observer - JD Supra

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the second day of the holidays, my labor and employment attorney gave to me two turtle doves and SB 1100.

What is SB 1100?

Every employer prefers to streamline their tasks, and job postings are one of them. Job postings are often recycled or briefly edited in order to market that job opening as quickly as possible. Over the years, it has been commonplace for employers to include items in job postings that may not be applicable to all jobs or that may be outdated. The requirement to have a driver's license is one of those items. 

Read more: https://www.jdsupra.com/legalnews/the-12-days-of-california-labor-and-8218910

Landmark AI Discrimination Bill Stalls Out in California Legislature, But Other AI Measures Advance

by Benjamin Ebbink, Fisher Phillips - JD Supra

California lawmakers knocked back a chance to pass a groundbreaking AI discrimination that would have required employers to provide notification – and perhaps an accommodation – to workers when artificial intelligence is used in certain critical ways during hiring or employment. The bill, which would have also required employers and AI developers to establish robust governance programs and conduct impact assessments to mitigate against algorithmic discrimination, was poised for passage but ultimately lawmakers could not agree on a final version before the legislative session ended at midnight on Saturday night. We expect to see legislators take another crack at such a proposal in 2025, so this isn’t the last you’ve heard of this proposal. Meanwhile, three other AI-related bills advanced to the governor’s desk and will be closely monitored before the September 30 deadline for action. What do employers need to know?

Read more: https://www.jdsupra.com/legalnews/landmark-ai-discrimination-bill-stalls-9064254

New Los Angeles County Fair Chance Ordinance Imposes Obligations on Employers

by Jeffrey Horton Thomas, Fox Rothschild LLP - JD Supra

Starting September 3, 2024, employers must comply with involved new requirements if they wish to consider criminal backgrounds in making hiring or promotional decisions for positions that will perform work in any unincorporated area of Los Angeles County.  The requirements — imposed by the County’s Fair Chance Ordinance — will be significantly more burdensome for employers than those under the statewide Fair Chance Act or the City of Los Angeles Fair Chance Ordinance.

Read more: https://www.jdsupra.com/legalnews/new-los-angeles-county-fair-chance-2782431/

Navigating California’s Complex Employment Landscape: Recent Developments in Background Checks and Privacy

by Leigh White, CDF Labor Law LLP - JD Supra

Employers in California face significant challenges when it comes to accessing public records for background checks, particularly concerning criminal history and motor vehicle records. California’s employment laws are constantly evolving, and a recent court decision may expand an employer’s ability to access a potential employee’s motor vehicle records. 

Read more: https://www.jdsupra.com/legalnews/navigating-california-s-complex-7778141/

California Privacy Regulations To Be Enforced Immediately!

by David Klein, Kleing Moynihan Turco LLP - JDSupra

On February 9, 2024, the Third Appellate District of California vacated a trial court decision, holding that the California Privacy Protection Agency (“CPPA”) could immediately begin enforcing the current version of the California Consumer Privacy Act (“CCPA”). As our readers are aware, the CCPA went into effect on January 1, 2022, with the aim of protecting the privacy of California consumers, in large part, by giving them “more control” over the collection, use, and sharing of their personal information.

Read more: https://www.jdsupra.com/legalnews/california-privacy-regulations-to-be-3687218/

Understanding the Shift: California’s Ban on Employer Cannabis Inquiries and Testing

by Anthony Zaller - Zaller Law Group, PC

Governor Newsom signed a new law this week restricting employers from asking about marijuana use and conducting certain drug tests for applicants and employees.  This Friday’s Five covers what the new law means for employers in the context of existing law governing employer’s ability to ask, test, and regulate employee’s use of marijuana in the workplace:

Read more: https://www.californiaemploymentlawreport.com/2023/10/understanding-the-shift-californias-ban-on-employer-cannabis-inquiries-and-testing/

(Background) Check It Out: Understanding California’s New Fair Chance Act Regulations on Criminal Records and Background Checks When Making Employment Decisions

by Michael Wertheim, Kurt A. Kappes - The National Law Review

Starting Oct. 1, 2023, California employers must adhere to new regulations under the Fair Chance Act (FCA) concerning the use of an individual’s criminal history in employment decisions. These rules impact California Code of Regulations Title 2, Section 11017.1 and introduce additional steps for employers to follow when considering criminal history in hiring or other employment actions. The regulations add to an already lengthy list of procedures employers must follow in California regarding criminal history as a basis for employment decisions.

Read more: https://www.natlawreview.com/article/background-check-it-out-understanding-california-s-new-fair-chance-act-regulations

California Modifies Employment Regulations Regarding Criminal History

by Christopher Im, Julie M. Capell - Davis Wright Tremain LLP

New regulations effective October 1, 2023, will impact how employers may consider criminal history in employment decisions.[1]

The Fair Chance Act (FCA)[2] prohibits California employers with five or more employees from inquiring into, considering, distributing, or disseminating information related to an applicant's criminal history until after the employer has made a conditional offer of employment. Once a conditional offer has been made, if an employer intends to deny an applicant the employment conditionally offered because of the applicant's conviction history, the FCA requires the employer to make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific job duties.

Read more: https://www.dwt.com/blogs/employment-labor-and-benefits/2023/08/california-fair-chance-criminal-history-and-jobs#page=1

Employee Data Increasingly in the Crosshairs of Data Privacy Enforcement

by Robert Blamires, Michael H. Rubin, Joseph C. Hansen, Kathryn Parsons-Repone - Latham & Watkins

On July 14, 2023, the California Attorney General announced an investigative sweep targeting large California employers, focusing on employers’ compliance with the California Consumer Privacy Act’s (CCPA’s) recently expanded coverage of employees and job candidates. The announcement follows the expiration of a prior exemption for personnel and business to business (B2B) data under the CCPA (for more information, see this Latham blog post).

Read more: https://www.globalprivacyblog.com/privacy/employee-data-increasingly-in-the-crosshairs-of-data-privacy-enforcement/#page=1

California’s Civil Rights Department Adds More Detail to Regulations Regarding Consideration of Applicants’ Criminal History

by Philippe A. Lebel, Michelle Lappen - Proskauer

In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy.  Most recently, the CRD released proposed modifications to the regulations under the Fair Employment and Housing Act (“FEHA”) related to the use and consideration of criminal history information in employment decisions—a process that is already exceedingly complicated thanks to overlapping privacy laws (e.g., the California Consumer Privacy Act), the Investigative Consumer Reporting Agencies Act, and local “ban the box” ordinances in Los Angeles and San Francisco.

Read more: https://calemploymentlawupdate.proskauer.com/2022/12/californias-civil-rights-department-adds-more-detail-to-regulations-regarding-consideration-of-applicants-criminal-history/#page=1