Los Angeles County Fair Chance Ordinance – Summary of New Requirements

As of September 3, 2024, employers in the unincorporated areas of Los Angeles County must comply with the Los Angeles County Fair Chance Ordinance (FCO), which places restrictions on criminal background screening beyond those required by California’s Fair Chance Act (Fair Chance Act).

Background – the Fair Chance Act

The Fair Chance Act (also known as “Ban the Box” law) bans employers with five or more employees from including any question on a job application that asks about the applicant’s criminal conviction history. Covered employers also may not inquire about or consider an applicant’s criminal history until the applicant has received a conditional job offer. If an employer does conduct a lawful background check and decides to rescind an offer based on an applicant’s conviction history, the employer must (1) make an individualized assessment of whether the applicant’s conviction history relates to the specific job duties; (2) notify the applicant in writing of the preliminary decision; (3) grant the applicant at least five business days to respond before making a final decision; and (4) give the applicant an additional five business days to dispute the accuracy of their criminal history record and to seek evidence to support that contention. The Fair Chance Act also bans covered employers from considering certain convictions, including those that have been sealed, dismissed or expunged, and generally does not allow employers to consider arrests that did not result in convictions (subject to certain exceptions). Additional information published by the California Civil Rights Department regarding the Fair Chance Act can be found online.
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State & Local Employment Law Developments: Q2 2024

State and local governments continue to increase workplace regulations. In the second quarter of 2024, we provide updates on significant recent and upcoming legislative and regulatory developments in California, Colorado, District of Columbia, Idaho, Illinois, Indiana, Maryland, Minnesota, New Mexico, New York, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington and West Virginia.

For the full alert, visit the Faegre Drinker website.

California Occupational Safety and Health Standards Board Approves Heat Illness Prevention Regulation

On June 20, 2024, the California Occupational Safety and Health Standards Board unanimously approved a new regulation codified at California Code of Regulations, Title 8, section 3396, which focuses on preventing heat illness in indoor workplaces. The new regulation introduces several key provisions, including mandatory indoor heat illness training and specific protocols for providing water and rest areas to employees. This alert dives deeper into the regulation and what it means for businesses operating in California.

For the full alert, visit the Faegre Drinker website.

Paving the Way for California PAGA Reform: AB 2288 and SB 92

The legislation, which was negotiated among Gov. Newsom, legislators, and labor and business groups, provides employers with new and powerful tools for addressing and defending PAGA claims. As a result of this new law, the initiative to repeal and replace PAGA, which was scheduled to appear on the November ballot in California, has been withdrawn. We summarize the key provisions of the reform legislation.

For the full alert, visit the Faegre Drinker website.

State & Local Employment Law Developments: Q1 2024

State and local governments continue to increase workplace regulations. Although it is not feasible to discuss all laws, this update provides an overview of significant recent and upcoming legislative and regulatory developments to help you and your organization stay in compliance with local and state employment laws.

To view the full alert, visit the Faegre Drinker website.

Are You Ready? Notice to Employees of Void CA Non-Competes Required by February 14, 2024

California law has for many years treated agreements that restrain one from engaging in a lawful profession, trade, or business as void and unenforceable, unless an exception applies. This applies to most non-compete and non-solicitation agreements with California employees.

Citing to California Supreme Court precedent that voided a post-employment non-compete and to state public policy favoring employee mobility, AB 1076 and SB 699, both effective January 1, 2024, prohibit employers from including, entering into, and attempting to enforce a noncompete clause in an employment contract, or otherwise requiring an employee to enter a noncompete agreement, absent an exception.

Continue reading “Are You Ready? Notice to Employees of Void CA Non-Competes Required by February 14, 2024”

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