In 2017, California enacted a law precluding employers from asking about prior salary history and requiring employers to give applicants, on reasonable request, the pay scale for a position. This law raised many questions for employers, including who’s “an applicant,” what’s a “pay scale,” and what constitutes a “reasonable request?” Now we have the clarifications.
When and how employers may consider criminal convictions continues to be a hot topic, both in California and nationally. Against this backdrop, AB 1008 amended the Fair Employment and Housing Act to preclude most employers from inquiring about an applicant’s criminal record or conviction history until after a conditional employment offer is made, and imposed new notice and disclosure requirements if this information is sought.
When vetting job applicants, employers want to use as many tools as possible. In addition to testing for particular skills, employers may consider intelligence or personality tests. But these types of tests may be a bad idea: they have questionable benefits and can put the employer in legal hot water.
Governor Schwarzenegger has again vetoed a bill that would have limited employers’ use of credit information on potential employees. As reported in the Morrison & Foerster Client Alert, Assembly Bill 482 “would have dramatically restricted the circumstances under which an employer could use a credit report for pre-employment screening or other employment purposes.” Employees and potential employees can nonetheless take heart in existing protections under the Consumer Credit Reporting Agencies Act (CCRAA) (CC §§1785.1-1785.36).