Written By Thomas Ahearn
In the “Independent republic of California,” background checks are performed much differently than in the other 49 states, according to Attorney Lester Rosen, Founder and CEO of San Francisco, CA-area firm Employment Screening Resources® (ESR). To help explain California background checks, Rosen will present a session titled ‘Only in California: Using Background Checks to Hire the Best and Stay Out of Court’ at the 2014 Los Angeles HR Star Conference. For more information about LA HR Star, scheduled to take place Wednesday, March 19, 2014 from 9:00 a.m. to 4:30 p.m. PST at the Los Angeles Convention Center, visit http://www.hrstarconference.com/la/.
“While California employers need to follow the federal Fair Credit Reporting Act, there is a large overlay of additional California rules and requirements when it comes to background checks,” explains Rosen, author of ‘The Safe Hiring Manual.’ “Given the large risk of just one bad hire, employers cannot simply opt out of these complexities by not doing background checks. The bottom line is that employers still need to exercise due diligence but also must follow all of the complex requirements for California background checks.”
Rosen’s company, Employment Screening Resources® (ESR), will be an exhibitor at the 2014 LA HR Star Conference. Attendees of Rosen’s session will learn how laws regarding California background checks are unique and different than the rest of the country. Rosen will cover key areas where businesses that hire or employ in California face significant exposure for damages, how to audit current practices in California for legal compliance, and 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 California background check report.
- How California is the only state that has a Spanish language form and when and how it is 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 firms performing California background checks.
- Why criminal databases are dangerous for California employers.
- How the California $10,000 civil penalty operates.
- The two California check boxes, including the “secret” check box.
- California rules on past employment checks and eligibility for rehiring.
- The interplay between the federal FCRA, EEOC Guidance on criminal records, and California law.
Rosen is a frequent presenter on issues surrounding California background checks and his speaking appearances have included numerous conferences in the state. The company he founded, Employment Screening Resources® (ESR), is a nationwide background check provider located in California and accredited by the National Association of Professional Background Screeners (NAPBS®). For more information, visit https://www.esrcheck.com, call Toll Free 888.999.4474, or email [email protected].
About Employment Screening Resources® (ESR):
Founded by safe hiring expert Attorney Lester Rosen in the San Francisco, CA-area in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. ESR provides Effortless Legal Compliance, Proven Expertise, Less Work/Lower Cost, Results You Can Trust, and Painless Migration. To learn more about ESR, visit https://www.esrcheck.com, call toll free 888.999.4474, or email [email protected].
About ESR News:
The Employment Screening Resources® (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including “Ban the Box,” credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at [email protected].