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2014 Los Angeles HR Star Conference

March 19, 2014


Event: 2014 Los Angeles HR Star Conference

Location: Los Angeles Convention Center, Los Angeles, CA

Date/Time: Wednesday, March 19, 2014 / 9:00 a.m. - 4:30 p.m. Pacific

Place: Los Angeles Convention Center, Los Angeles, CA

Session Title: Only in California: Using Background Checks to Hire the Best and Stay Out of Court

Presenter: Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)


In the “Independent republic of California,” background screening is done much differently than the other 49 states. Even though California employers still need to follow the federal law known as the Fair Credit Reporting Act (FCA), there is a large overlay of additional California rules and requirements when it comes to background checks. Given the large risk with just one bad hire, employers cannot simply opt out of these complexities by not doing background checks all since the risk is too high. The bottom line is that employers still need to exercise due diligence but need to follow all the complex requirements for California.

In this session, you will learn about critical California only requirements including: unique language that must be in California consent, language required in a California employer certification to the screening firm, special LANGUAGE needed on the first page of a background report, how California is the only state that has a Spanish language form and when and how it is required to be used, new California off-shoring disclosure rules, new California credit reporting rules, current litigation challenging the seven year limitation on reporting criminal records, California rules on obtaining a consumer’s social network site password, why an employer in California cannot consider a matter that was an arrest only, understanding the alphabet soup of the ICRA, FEHA and ICR, numerous limitations on background firms, why criminal databases are dangerous for California employers, how the California $10,0000 civil penalty operates, the two California check boxes including the “secret” check box, the California rules on past employment checks and eligibility for rehiring, the interplay between the federal Fair Credit Reporting Act (FCRA) and he EEOC Guidance on Criminal records, and California law, and much more.

Learning Points:

  • Learn how California laws regarding due diligence and background checks are unique and different than the rest of the United States.
  • Understand key areas where businesses that hire or employ in California face significant exposure for damages.
  • Audit your current practices in California for legal compliance.

About Your Presenter:

Lester S. Rosen is an Attorney at Law and Founder and  CEO of Employment Screening Resources (ESR), an accredited, national background screening company under the National Association of Professional Background Screeners (NAPBS) accreditation program, a professional trade organization for the screening industry. He is the author of "The Safe Hiring Manual: The Complete Guide to Employment Screening Background Checks for Employers, Recruiters, and Jobseekers" and "The Safe Hiring Audit." He is a consultant, writer, and frequent presenter on pre-employment screening and safe hiring issues. He also has qualified as an expert witness on issues surrounding safe hiring and due diligence. His speaking appearances have included numerous national and statewide conferences.

 Read the ESR News Blog: 'Screening Expert to Speak About California Background Checks at LA HR Star'


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