Compliance Stuff

Legislation recently introduced in the California State Assembly would impose new restrictions on when and how employers with five or more employees may inquire about, obtain, and use applicant conviction history, while strengthening procedural protections. 0:00 7:07 Quick Hits California Assembly Bill (AB) 2095 proposes significant amendments to California’s ban-the-box law, the Fair Chance Act. Provisions of the bill would require employers to provide a list of specific job duties that may be relevant to the employer’s subsequent assessment of conviction history and establish a rebuttable presumption regarding conviction-to-job relationships. AB 2095 would also r equire employers to document their assessments in writing and provide them to the applicant. Current California Background Check Restrictions The California  Fair Chance Act  restricts employers with five or more employees from seeking disclosure of an applicant’s conviction history on an application or inquiring ab...

  California employers have long been subject to the state’s Fair Chance Act, which restricts when and how they may consider an applicant’s criminal history. But in 2025, new local laws—especially in Los Angeles County—are adding complex and high-stakes requirements that HR professionals can’t afford to miss. Refresher: California’s Statewide Fair Chance Act Since 2018, California law prohibits employers with five or more employees from asking about criminal history before making a conditional job offer . If you later discover a conviction and want to withdraw the offer, you must: Conduct an individualized assessment of the offense and its relation to the job Provide a preliminary written notice explaining the concern Give the applicant at least five business days to respond Consider their explanation before making a final decision What’s New in 2025: LA County’s Overhaul Effective September 3, 2024, the Los Angeles County Fair Chance Ordinance (FCO) imposes much more burdensom...