Labor/Employment
Sep. 13, 2023
Asking about criminal history is off limits during job interviews
All California employers should be aware of updated regulations for the use of criminal history in hiring decisions, many of which went into effect Oct. 1.
Julia Y. Trankiem
Partner
Seyfarth Shaw LLP
Labor & Employment
Email: jtrankiem@seyfarth.com
For more than two decades, Julia has represented employers throughout the country on critical employment topics, across many different industries and in high-stakes single-plaintiff actions as well as class, collective, and representative actions. Julia's wage and hour experience includes litigation involving claims of misclassification, off-the-clock work and unpaid overtime, and meal and rest period violations, as well as claims under California's PAGA statute. She has successfully limited class size and defeated class certification, and she has developed novel legal arguments to eliminate or significantly reduce exposure. Julia also has defended clients against claims of wrongful discharge, employment discrimination, and other employment law issues. Her extensive experience has resulted in obtaining defense verdicts at jury trials and arbitration hearings, as well as favorable summary judgment rulings.
The Office of Administrative Law approved changes to the Fair Employment and Housing Act (FEHA) regulations governing how California employers can use and consider criminal history in employment decisions. These new changes are effective as of Oct. 1, 2023.
While these revisions do not fundamentally change the existing law, they do add to California’s already complex rules and regulations regarding the use of criminal background checks. I...
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