AB 1008 prevents employers with five plus employees from inquiring about the criminal history information on employment applications and from asking about or reviewing criminal history prior to making a conditional offer of employment. Certain positions may have some limited exemptions. For example a criminal background check may be required by federal, state or local law.
Salary History Questions Are Not Allowed
AB 168 prohibits employers from asking a job applicant about their prior salary, compensation or benefits. This applies to direct inquiries or through an agent, such as a third-party recruiter.
Also, employers may not use prior salary history information as a consideration in hiring decisions or determining the pay scale for applicants. Although an employer may take into account any salary information that is offered voluntarily by a candidate without prompting.
Immigration Protections On The Worksite
The Immigrant Worker Protection Act (AB 450) gives workers protection from the enforcement of immigration laws while they are working. It also allows for the imposition of fines from $2,000 to $10,000 for violations.
This bill also makes it illegal for employers to re-check the employment eligibility of existing employees that is not consistent with federal employment eligibility verification laws.
CLIA lodging members with questions about these new laws and other HR issues, can call our FREE CLIA Helpline at 916.925.2915.