September 24, 2022

Volume XII, Number 267

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September 23, 2022

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September 22, 2022

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California’s Fair Chance Employment Act Targets Construction Contractors

A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite construction-related employment.  As such, the new law prohibits oral or written inquiries into the applicant’s conviction history on or at the time of an initial employment application.

The new law does not apply to positions for which the employer or the state, as a matter of state or federal law, must conduct a criminal background check, nor does the law apply to an employer to the extent it obtains workers from a hiring hall pursuant to a bona fide collective bargaining agreement.

The new California law joins a growing movement at the state and local levels of government requiring employers to remove the check box on job applications that ask whether the applicant has ever been convicted of a crime.  

© 2022 Proskauer Rose LLP. National Law Review, Volume V, Number 19
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About this Author

Daniel J Davis, Proskauer Law Firm, Labor Employment Attorney
Special Counsel

Daniel J. Davis is Special Labor & Employment Law Counsel in the Labor & Employment Law Department, resident in the Washington, DC office. He represents employers in a range of employment and labor issues, including equal employment, whistleblower and wage payment laws administered by the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board. He litigates class and collective claims, including claims under Title VII, the ADEA, ERISA, NLRA and the FLSA. He represented The Boeing Company in a high-profile case by the National Labor Relations...

202-416-6815
Daniel L Saperstein, Proskauer Law Firm, Labor Employment Attorney
Associate

Daniel L. Saperstein is an Associate in the Labor & Employment Law Department, resident in the Newark office. He is a member of the Employment Litigation & Arbitration, Labor-Management Relations, Employment Law Counseling & Training, International Labor & Employment, and Whistleblower & Retaliation Groups, as well as the Dodd-Frank Task Force.

973-274-3272
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