Employer's Report: Employers Report Post

Posted by [Add the Author Here] on June 1, 2024

Tags: Employers Report

What you didn’t know about….
Anthony Reyes, MHRM, Chief Administrative Officer, Chapa-De Indian Health recently joined CEA’s Board of Directors; and Evan Wise, Member Services Manager for CEA. Anthony Reyes, MHRM, Chief Administrative Officer, Chapa-De Indian Health

1. What was your first job?

I was a paper boy! I was fortunate to have the route in my neighborhood to deliver newspapers for the local paper to my neighbors. I did that for a few years starting when I was 12 and I’ve been working ever since!

2. What’s your toughest challenge doing your job?

I constantly need to remind myself and my team that we can do anything, we just can’t do everything. I work with a talented team of people who I believe could truly save the world. One of the most challenging things is balancing all the work to ensure our teams don’t burn out and are able to continue providing healthcare to vulnerable populations for the long term. It’s a marathon not a sprint.

3. What advice would you give to someone who is just starting their career?

Work hard and play hard. Advancing your career and reaching your goals is such an accomplishment, just don’t forget to take the time off you need to enjoy your life, spend time with friends and family and recharge so that you can be your best self at work.

4. What was your favorite class in college?

My favorite class while obtaining my Bachelors degree at UC Davis was Organizational Communication. Dr. Virginia Hamilton was an engaging lecturer and was an inspiration for me to continue my education after graduation.

While getting my Masters degree at the University of Hawaii at Manoa, my favorite class was Advanced Organizational Behavior. I liked that I could apply what I was learning immediately on the job.

5. What’s one thing on your bucket list?

I’d love to take a 3 month sabbatical in Spain. I studied abroad in Barcelona during college and it was a transformational experience for me. I’d love to do that again!

 

Evan Wise, Member Services Manager, CEA

1. What’s the best piece of advice you’ve been given?

When having an issue with a friend, my dad told me “You have to love someone for who they are. Not who you want them to be.” It really changed how I look at my relationships and the expectations I put on the people in my life. It was very freeing.

2. What advice would you give to someone who is just starting their career?

Soak everything up, be curious, and try everything you can. Even if it doesn’t work out, then you know what doesn’t work for you. I think that’s just as important to know as knowing what does work.

3. What’s something that most people don’t know about you?

I play 7 musical instruments: clarinet, bass clarinet, contra alto clarinet, contrabass clarinet, bassoon, tenor sax, and piano.

4. What was your favorite class in college?

Because my degree is in Deaf Studies/Sign Language, I feel like the obvious choice would be my sign language classes. But I loved all of my language classes. I also took Spanish and French. Those were the classes that we were encouraged to interact with and get to know our classmates.

5. What one thing on your bucket list?

To travel outside of the US. I went to Canada when I was 16 for a school band trip, but haven’t been anywhere else outside of the United States.

Posted by Jessica Rivera MBA, PHR, SHRM-CP, Training & Coaching Director on June 1, 2024

Tags: Employers Report

According to SHRM’s Global Workplace Culture Report 2023, 96% of employees are less likely to dread going to work when they’re in a positive culture, and 78% are less likely to look for another job within 6 months. Stay interviews are part of a healthy, transparent and positive work culture.

What are Stay Interviews?

Stay interviews are individual dynamic discussions between managers and their employees and are designed to learn what keeps employees engaged and loyal at work. These meetings are more casual yet, structured to foster an open conversation that can reveal insights on how an employee feels about their job and the company. Unlike exit interviews, which are conducted after the employee has already made the decision to leave, stay discussions occur with current employees and are guided by their direct managers. This allows an employee’s manager to address concerns and enhance satisfaction before it leads to a resignation.

Leaders can elevate their talent retention strategy with impactful stay interviews. Unlike traditional tools, stay interview questions allow for employees to reflect about their jobs and what both motivates and demotivates them.

Implementing a stay interview program helps to gain a strong understanding of employees’ motivations, job satisfaction, and their connection to their company’s culture. This proactive approach not only identifies reasons for staying, it also provides a comprehensive view of employees’ engagement and overall experience. This conveys to your employees that you recognize and appreciate their loyalty and you care about more than just their performance. Additionally, it expresses that you are open to making changes that would increase their satisfaction at work.

Equally, they can uncover warning signs that an employee needs more support or guidance which helps leaders build more productive and trust-based relationships with their employees.

Sample questions a manager can ask an employee about why they stay:

1. What is your favorite part about working here?
2. What motivates you to work here?
3. What do you like most about your role?

Sample questions a manger can ask an employee about potential motivations for leaving:

1. What demotivates you when working?
2. Can you describe a bad day you recently had at work?
3. What aspects of your day make your work life harder?

When, the Chief Executive Group surveyed U.S. CEOs in January of 2024 about their top priorities for 2024, 60% said retaining and engaging employees was their top priority. A powerful retention strategy to keep your talented employees is to conduct stay interviews with them.

CEA members can access our Stay Interview Tool Kit with forms and questions to help you with the information needed to conduct stay interviews with your team. Are you ready to transform your approach to employee retention? Embrace the power of stay interviews and unlock the potential of your workforce. Call us today at 800.399.5331!

Posted by Giuliana Gabriel, J.D., HR Compliance Director on June 1, 2024

Tags: Employers Report

Many employees in the healthcare industry have been looking forward to (and employers have been bracing for) minimum wage increases, which were due to take effect in June. However, at the eleventh hour, the Legislature passed SB 828, granting employers an additional month-until July 1, 2024 to comply. All future increases will also occur on July 1, rather than June 1.

Keep reading for some important details!

Which Employers and Employees are Covered?

This new law applies to virtually every medical employer, except hospitals under the State Department of State Hospitals, tribal clinics exempt from licensure, and outpatient settings operated by tribal organizations. Some examples include facilities or work sites part of an integrated health care facility system, licensed general acute care hospitals, special hospitals, clinics, physician groups and many more! (Note that most dental offices would not be included, unless they fall under one of the covered groups, such as an integrated health care system.)

Moreover, not just nurses and doctors would be entitled to the minimum wage increases. A variety of employees working for covered employers would qualify, including technicians, janitors, housekeeping staff, groundskeepers, guards, clerical workers, billers, and more. There are limited exceptions for outside salespeople, and certain public sector employees and medical transportation service workers.

Does the Law Impact Exempt Employees?

Actually, yes! To remain classified as exempt, covered health care employees must earn a monthly salary of 1.5 times the applicable healthcare minimum wage, or 2 times California’s minimum wage, whichever is greater. This means that covered employers must continue to recalculate the minimum exempt salaries as the health care and California’s minimum wages continue to increase.

What are the Deadlines?

Type of Employer	Deadlines
Large Employers & Integrated Health Care Systems To determine if you qualify, refer here.	July 1, 2024: $23/hour July 1, 2025: $24/hour July 1, 2026*: $25/hour *Until otherwise adjusted
Hospitals To determine if you qualify, refer here.	July 1, 2024: $18/hour, with 3.5% increases annually July 1, 2033*: $25/hour *Until otherwise adjusted
Clinics	July 1, 2024: $21/hour July 1, 2026: $22/hour July 1, 2027*: $25/hour *Until otherwise adjusted
All Other Health Care Facilities	July 1, 2024: $21/hour July 1, 2026: $23/hour July 1, 2028*: $25/hour *Until otherwise adjusted

Covered health care employers who are county-owned, affiliated, or operated are not required to comply until 2025.

What Do We Do Next?

• Upon the effective date, update your payroll system.
• Notify your non-exempt employees within seven calendar days of the change (or earlier). Employers may do this by updating the Wage Theft Form and retaining a copy for the employee’s personnel file.
• Ensure your wage statements reflect the correct pay rates, including overtime rates.
• If the change impacts your pay scales, including for job postings, be sure to update those as well.
• Consider any personnel restructuring and/or shift adjustments as needed.
• For questions regarding waivers, it is advised to consult legal counsel.

Wage and hour compliance on the mind? CEA members can consult with our HR advisors by calling 800.399.5331!

Posted by Giuliana Gabriel, J.D., HR Compliance Director on June 1, 2024

Tags: Employers Report

For California employers, it is recommended to frequently audit your wage and hour practices to avoid claims. This includes assessing timekeeping practices, meal and rest issues, premium pay, reimbursement practices, and wage statement information. One critical component is ensuring you are paying the regular rate of pay (rather than just the base hourly rate) when required.

Let’s review when the regular rate of pay is triggered in California with this short pop quiz:

Question: In which situations must the regular rate of pay be used?

• Overtime
• Meal/Rest Premium Pay
• Paid Sick Leave (including a combined PTO policy)
• Reporting Time Pay
• All of the Above

Answer:  You guessed it-the answer is all of the above. This means that anytime additional non-discretionary earnings occur, beyond the base rate (e.g., commissions, shift differentials, non-discretionary bonuses, etc.), these earnings must be factored into the regular rate of pay in your payroll system.

Do not assume your payroll company has this handled, especially if they are not based in California. It is essential to follow up and confirm the math is correct.

Why is this so critical? In the world of wage and hour, the penalties for not paying an employee properly and timely stack up quickly. In addition to the unpaid dollar amount, the employer will also be on the hook for:

• A wage statement penalty of up to $50 per employee per pay period
• Waiting time penalties of up to 30 days for a deficient final paycheck
• 10% interest
• Plus potential PAGA penalties up to $100 per employee per pay period

Want more information on this topic?

CEA members may download our Regular Rate of Pay Fact Sheet for more information and see a variety of calculation examples on our HR Forms page.

Posted by Giuliana Gabriel, J.D., HR Compliance Director on June 1, 2024

Tags: Employers Report

For the first time in nearly 25 years, the US Equal Employment Opportunity Commission (EEOC) has published new guidance on workplace harassment, including over 70 examples and new terminology. We recommend that employers and HR professionals familiarize themselves with these new definitions and examples.

Test Your Knowledge: Are you familiar with these EEOC terms?

• Intersectional Harassment: This is harassment based on the intersection of two or more protected characteristics. For example, the EEOC explains, “if a woman who is age forty or older is harassed based on stereotypes about older women, this harassment is covered as both age and sex discrimination.”
• Systemic Harassment: When harassment is due to a business practice or policy, it is called as “systemic” harassment since it is not limited to a single incident or occurrence, but rather an entire organization. It is also known as institutionalized harassment. According to the EEOC: “Like other forms of discrimination, harassment can be systemic, subjecting multiple individuals to a similar form of discrimination. If harassment is systemic, then the harassing conduct could subject many, or possibly all, of the employees of a protected group to the same circumstances.”
• Intraclass Harassment: Harassment that is based on the complainant’s protected characteristic is covered even if the harasser is a member of the same protected class as the person who is reporting the harassment. This is known as “intraclass” harassment.
• Intentional Misgendering: Harassing conduct based on sexual orientation or gender identity may include “intentional misgendering,” which occurs when the harasser engages in repeated and deliberate use of a name or pronoun that is inconsistent with the individual’s known gender identity.
• Pregnancy, Childbirth, & Related Medical Conditions: The definition of sexual harassment has been broadened to include harassment based on pregnancy, childbirth, and related medical conditions. “This can include issues such as lactation; using or not using contraception; or deciding to have, or not to have an abortion.”

These terms were developed at the Federal level, meaning they apply to every state in the US, not just California, now. Undoubtedly, these issues will continue to come up in workplaces and it is important that supervisors are able to recognize the various forms of harassment to mitigate liability.

Is your staff due for their harassment prevention training? CEA has a variety of training options, from live trainers who will train your employees onsite at your business, live virtual trainings via Zoom, and of course, convenient on-demand courses. CEA members can access free on-demand harassment prevention training at any time through CEA University!

Posted by Giuliana Gabriel, J.D., HR Compliance Director on June 1, 2024

Tags: Employers Report

Maria runs a landscape business. She creates a work schedule for her team every Friday, for the following week. Sometimes, due to weather or broken equipment, her employees show up for work and Maria sends them home early. Maria called CEA to see if she still owes her employees pay for a shift they didn’t complete.

And here was Maria’s answer: In California, non-exempt (hourly) employees who report to work, but are turned away early are owed a minimum amount of pay, known as reporting time pay. Reporting time pay is confusing for many employers because the rules are a bit nuanced.

First, it is important to remember that what is owed depends on whether an employee was reporting for their regularly scheduled shift or if they were reporting on a non-work day-for example, for a staff meeting or training scheduled on a day off.

Second, remember that reporting time pay should be paid at the regular rate of pay, not using the employee’s base hourly rate.

Regularly Scheduled Shifts

Employees who report for their regular shift and work less than half of their scheduled shift must be paid at least half of their scheduled hours-never less than 2 hours or more than 4 hours. (If they work more than four hours, pay them their actual time, of course).

Here’s something you may not realize-Reporting Time Pay is still required even if the employee is told to come back later and ends up working a full shift later in the day. When an employee is required to report to work a second time in any one workday, they must be paid for at least 2 hours.

Example: Employee is scheduled to work 8 hours and is sent home after 3 hours. They are owed 4 hours (one hour of reporting time pay added to the actual time worked). The one hour of reporting time pay must be paid out at the regular rate of pay.

Surprisingly, even when an employee is working an alternative workweek schedule, required reporting time pay does not need to be increased. For example, even if an employee is scheduled to work 10 hours a day, the maximum reporting time pay requirement is still 4 hours.

Non-Regular Shifts or Days Off

When an employee is called in to work on a day other than his/her normal work schedule (when there is no specified number of hours the employee is scheduled to work that day) the employee receives at least 2 hours of pay.

Reporting time pay issues often come up when terminating employees. Employers should keep in mind that if an employee reports to work only to process the termination paperwork on a regularly scheduled day, they will be owed reporting time pay if they do not work at least half of their shift. It must be included on the final check.

Reporting Time Pay Exceptions

Exceptions to reporting time pay include situations when:

1. Operations cannot commence due to threats to employees or property, or when recommended by civil authorities.
2. Public utilities fail to supply electricity, water, or gas or there is a failure in the public utilities, or sewer system.
3. The interruption of work is caused by an Act of God or other cause that is not within the employer’s control.

Fortunately, employers do not have to pay an employee any reporting time pay when an employee voluntarily chooses to leave early.

Calling In

Employers must be careful not to trigger reporting time pay requirements by requiring their employees to call in to inquire about their work schedules. In Ward v. Tilly’s, Inc. (2019) 31 Cal.App.5th 1167, the court held that physical reporting was not required in order to fall under the reporting time pay requirements.

Triggers for reporting time pay include situations when employees:

• Present themselves for work by logging on to a computer remotely
• Appear at a client’s job site
• Set out on a trucking route
• Or as in Tilly’s, by telephoning the store 2 hours before the start of a shift to find out if they were scheduled to work that day.
  • The closer that an employee is required to call in before the start of the shift to find out if they are scheduled (i.e., night before, day of, etc.), the more likely reporting time pay will be owed.
  • In Tilly’s the court found the defendant’s system to be extremely burdensome on employees, because it required them to be available, prevented them from working other jobs or scheduling other activities, and made child-care arrangements onerous and potentially costly.

For more information, CEA members may refer to our Reporting Time Pay Fact Sheet on our HR Forms page and call us with questions at 800.399.5331.

Posted by Giuliana Gabriel, J.D., HR Compliance Director on June 1, 2024

Tags: Employers Report

As many California employers know, there are about 20 different state and federal notices that all employers are required to post in the workplace, and some carry the potential for hefty fines. For example, failure to post the Employee Polygraph Protection Act Poster (last updated in 2022) carries a potential fine of almost $25,000-that is not a typo!

Since the start of 2024, there have been a few mid-year poster updates. For mid-year updates, we recommend printing and conspicuously posting these notices, such as next to your All-in-One Posters. Below is a summary of the changes, with links to access the postings!

Notice to Employees-UI, DI, PFL

Employers are required to inform employees of the Employment Development Department’s (EDD) programs, including Unemployment Insurance, State Disability Insurance and Paid Family Leave. The EDD’s Notice to Employees (DE 1857A) was just updated in May 2024. It is now in an easy-to-read format and contains new direct links for employees wishing to apply to these programs. (Note: Although it reflects a revision date of 1/22, it was added to EDD’s website as of 5/24.)

Notice to Employees – English

Notice to Employees – Spanish

Fast Food Minimum Wage

As a reminder, as of April 1, 2024, all “fast food restaurant employees” covered by AB 1228 must be paid at least $20.00/hour and there is a required Supplemental Minimum Wage poster. For more information on this law, read our previous blog post here!

Transgender or Gender Nonconforming Rights in the Workplace

Lastly, the Civil Rights Department got around to updating its poster regarding Transgender and Gender Nonconforming rights in Spanish in February 2024. You can access the English poster here, which has a revision date of December 2023.

Still need to order your All-In-One Poster for 2024? Visit CEA’s HR store and select the best option for your business!

Posted by Kim Gusman, President & CEO on June 1, 2024

Tags: Employers Report

Years ago, a disgruntled ex-employee drove all the way from Southern California up to the CEA main office in Sacramento, to deliver a manifesto and an oversized conspiracy-style poster board he had created, accusing CEA of destroying his career. This person claimed that he had been wrongly accused in a harassment investigation that CEA had conducted, on behalf of one of our members, and told our receptionist that he personally wanted to deliver this information to me. Thank goodness I was out of the office that day!

The very next day I had a keyless push button electronic lock installed on the front door, contacted our member to inform them of this safety concern, and contacted the police. This person continued to threaten me by email for weeks until our attorney sent him a cease and desist letter, and the threats finally stopped. It was a scary situation and thankfully no one was hurt! Prior to this incident, I had been unaware of this person and had never experienced a situation like this. However, this scenario has become all too common and often ends up on the news, without a happy ending.

SB 553 and WVPP

Governor Newsom signed SB 553 in September of 2023, which requires employers in California to create workplace violence prevention safety requirements for their employees by July 1,2024. Yes, next month. By July 1, 2024, businesses need to have a Workplace Violence Prevention Plan (WVPP) in place, solicit employee (and union) feedback, and provide WVPP training to their employees annually. While each plan must be customized to the needs of an individual business, have no fear, CEA is here to guide you through this process.

The intention behind a WVPP is to keep your employees safe. Your WVPP will need to address threats from coworkers, but also from customers, vendors, former employees, an employee’s family member or significant other, or from complete strangers. Examples include:

• Physical attacks without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
• Attacks with a weapon or object, including, but not limited to, a firearm, knife, or other object.
• Threats of physical force or threat of the use of a weapon or other object.
• Sexual assault or threat of sexual assault, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact.

Starting in July, employers will also be required to record all workplace violence incidents on an incident log and maintain those records for a minimum of five years. Cal/OSHA will enforce the requirements of WVPP’s under SB 553 (Labor Code Section 6401.9).

Exemptions to SB 553  

• Businesses and employers already covered by the Workplace Violence Prevention Standard for Healthcare
• When 100% of your employees are teleworking from a location of the employees’ choice that is not under control of the employer
• Places of employment not accessible to the public with less than 10 employees working on site at any given time, so long as they have a compliant Injury and Illness Prevention Plan
• Facilities operated by the CA Dept. of Corrections and Rehabilitation and law enforcement agencies

CEA can guide you through the WVPP Process

CEA members can download a free Do-It-Yourself (DIY) Workplace Violence Prevention Plan Toolkit, on the Employer Toolkits page of our website.

We are partnering with the Safety Center on June 4, 2024 to offer a free, Workplace Violence Prevention Plan Live Q&A. Join us if you have more questions about , about this new law, the requirements, and implementing your own plan.

If you missed the first live Workplace Violence Prevention Plan – Do It Yourself Package webinar and want to ask questions in real time, we are offering an encore presentation on June 20, 2024.

And, last but not least, in the event that you can’t join us live, or if you want to share this information with other members of your management team, purchase our recorded DIY WVPP webinar in the CEA Store.

Here’s to enjoying your summer and keeping your employees safe at work!

Posted by California Employers Association on May 1, 2024

Tags: Employers Report

What you didn’t know about….
Israel Villasenor, CEO, Integrated Molecular Diagnostics recently joined CEA’s Board of Directors; and Melissa Hotell, one of CEA’s HR Business Partners. Israel Villasenor, CEO, Integrated Molecular Diagnostics, CEA Board Member

1. What was your first job?

Working at my parent’s stores in Mexico. They owned three retail stores selling women’s clothing and accessories.

2. What’s the best piece of advice you’ve been given?

My father told us: A wise man learns from others’ mistakes.  A smart man learns from their own mistakes. A dummy never learns and keeps making the same mistakes. We each have a choice to be one of these three, and it is up to me to decide which one I am every day.

3. What advice would you give to someone who is just starting their career?

Recognize that every day is an opportunity to learn, grow, and develop. Understand that no one starts at the top, and we must climb our way toward our goals. There are boulders, rocks, and obstacles that we will encounter, be flexible enough to get pass them and wise enough to look for the pathway to achieve your goals. Also, focus on goals that are not just beneficial to you as an individual, rather focus on goals that impact society and your community instead. This way, you are benefiting more than just yourself, you are creating a group of professionals with ethical and social connections.

4. What is your favorite quote, motto, or words you live by?

If your problem has a solution, why worry. If your problem DOES NOT have a solution, why worry!

5. What’s one thing on your bucket list?

A trip to Europe with my wife. It is something we have yet to do.

 

Melissa Hotell, HR Business Partner, CEA

1. What’s your favorite quote, motto, or words to live by?

The most important things in life aren’t things.

2. What was your first job?

My parents opened a 24-hour restaurant when I was 5 years old. The entire family pitched in to keep it going. I started my illustrious restaurant career pulling weeds, graduated to busing tables, then hostess, and the pinnacle, serving. Growing up in the restaurant business taught me the value of hard work, teamwork and not to be a slacker.

3. What advice would you give to someone who is just starting their career?

Everything in moderation. Balance is key. Too much of anything is not good.

4. Where did you grow up?

I grew up in Red Bluff, CA. Home of the largest 3-day rodeo in the county.

5. What one thing on your bucket list?

A cruise down the Danube River. Coming soon!

Posted by Kim Gusman, President & CEO on May 1, 2024

Tags: Employers Report

Are you having trouble finding good talent? Looking in the same old places likely won’t help. At a time when labor shortages are causing problems for many industries, one recruiting technique that is gaining more acceptance and success is called a Second Chance hiring campaign.

What is Second Chance Hiring?

Second-chance hiring refers to prioritizing candidates with prior criminal records during recruitment. With over 70 million Americans having such histories, accessing stable employment, secure housing, affordable healthcare, and quality education becomes challenging. Nevertheless, research from the U.S. Chamber of Commerce highlights the advantages of hiring individuals with justice involvement, including heightened national productivity, a pool of motivated and loyal employees, reduced turnover rates, and enhanced community safety. Additionally, studies demonstrate that embracing second-chance hiring practices contributes to bolstering public safety through decreased rates of re-arrests.

Numbers do the Talking 

SHRM and the Charles Koch Institute launched groundbreaking research on people with criminal histories in the workforce. Their 2021 Getting Talent Back to Work Report provided interesting insight, showing that:

• 81% of business leaders and 85% of HR professionals believe workers with criminal records perform their jobs about the same or better than workers without criminal records.
• 4 in 5 (81%) of HR professionals believe the quality of workers with criminal records is about the same or better than those workers without.
• 81% of HR professionals felt the cost-per-hire of workers with criminal records was about the same or less than workers with criminal records.
• 73% of business leaders and 75% of HR professionals said workers with criminal records were just as or more dependable than workers without criminal records.
• 66% of HR professionals said they would be willing to work with individuals with criminal records – up from 49% who said they would be willing in 2018.
• Nearly half (49%) of business leaders said their organization should offer training or guidance to workers with criminal records to facilitate their transition.

For employers interested in this program, the Second Chance Business Coalition promotes the hiring of formerly incarcerated individuals and provides employers with resources on hiring and advancing the careers of people who have criminal histories. The coalition was founded in April 2021.

California’s History With Ban the Box Laws

Companies that don’t focus recruitment efforts on a Second Chance campaign must still comply with California’s criminal history protections. For a bit of historical context, over the past decade or so, there was a “Ban the Box” movement in California, aimed at removing the checkbox or disclosure section containing criminal history-related information, including arrest records and convictions, from job applications. These efforts started on a local level, primarily in San Francisco and Los Angeles.

In 2013, California initiated a Ban the Box law, prohibiting public sector employers from inquiring into an applicant’s criminal history, until after the applicant had met all other qualifications for a job. In 2018, this ban-the-box law was extended to all employers in California with five or more employees under the Fair Chance Act. Moreover, just last year, the Civil Rights Department issued revised criminal history regulations, extending protection to current employees who may be applying for a department change or promotion at work.

What this law means is that California employers may only ask about or inquire into criminal conviction history information after a conditional offer of employment is made. Even then, an employer must conduct a multi-factored individualized assessment, and provide the candidate certain written disclosures before denying them the position based on criminal history. The employer must be able to show the denial is job-related and consistent with business necessity.

Employers may also have additional obligations under local ordinances, including posting requirements (e.g., San Francisco and Los Angeles City). Notably, Los Angeles County recently passed additional criminal history requirements, effective this coming September (2024).

CEA members may learn more by logging in and visiting the HR Forms page to download the Criminal Background Checks Fact Sheet and Criminal History Individualized Assessment.