California's New Restrictions on Using Criminal History with Corinne Spencer

Good Morning, HR

In episode 129, Coffey talks with Corinne Spencer about the latest changes in California employment law.

They discuss California’s Fair Chance Act regulations; who qualifies as an employer or employee under the FCA; the criminal history inquiry rules under the FCA; what employers are allowed to consider regarding criminal records; the challenge with individualized assessments; steps employers in California must take before utilizing an applicant’s criminal history; the importance of documentation; and how the FCA might apply to an out-of-state employer hiring talent from California.

Good Morning, HR is brought to you by Imperative—premium background checks with fast and friendly service. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com.

This episode is pre-approved for .5 hour HR (California) recertification credit for HRCI-certified professionals and .5 professional development credit for SHRM-certified professionals. To obtain the recertification information for this episode, visit https://goodmorninghr.com.

About our Guest:

Corinne Spencer is a partner and the Chair of the firm’s Labor and Employment Practice Group. Corinne also spearheads the firm’s Environmental Law practice, including, but not limited to, California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) matters. Prior to returning to Pearlman Brown & Wax, Corinne was counsel with Lewis, Brisbois, Bisgaard, & Smith, a national, full-service law firm listed among the AmLaw 100.

Corinne is dedicated to representing and counseling clients in employment-related matters, including litigation, risk assessment, policy preparation, personnel decisions, and training. She represents employers in State and Federal Courts and appears before all state and federal employment-related agencies, including the California Department of Fair Employment and Housing (DFEH), Division of Labor Standards Enforcement (DLSE), Employment Development Department (EDD), and U.S. Equal Employment Opportunity Commission (EEOC).

Corinne’s practice encompasses single-party discrimination, harassment, retaliation, wrongful termination cases, most often arising out of the Fair Employment and Housing Act (FEHA), wage-and-hour class actions, and Private Attorneys General Act (PAGA) Representative Actions. She has defended numerous clients across all industries including food service, healthcare, sporting goods, and entertainment. In addition to conducting independent investigations of workplace misconduct, Corinne has extensive experience drafting law and motion, responding to discovery, taking, and defending depositions, and arguing substantive and dispositive motions. She also zealously advocates for employers and management in mediations, arbitrations, trial, and appellate courts.

Most recently, Corinne successfully appealed to a trial court’s decision to deny a motion to compel arbitration. After Corinne argued the case before the California Court of Appeal, the decision issued in favor of her client, the employer, reversing the trial court’s decision with instructions the matter should be ordered to arbitration.

Corinne Spencer can be reached at:

https://www.pbw-law.com/professionals/partners/corinne-spencer

https://www.linkedin.com/in/corinne-spencer-744a3825

https://www.linkedin.com/company/pearlman-brown-wax-llp

https://www.facebook.com/pearlmanbrownandwax

About Mike Coffey:

Mike Coffey is an entrepreneur, human resources professional, licensed private investigator, and HR consultant.

In 1999, he founded Imperative, a background investigations firm helping risk-averse companies make well-informed decisions about the people they involve in their business.

Today, Imperative serves hundreds of businesses across the US and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.

Mike has been recognized as an Entrepreneur of Excellence and has twice been named HR Professional of the Year.

Additionally, Imperative has been named the Texas Association of Business’ small business of the year and is accredited by the Professional Background Screening Association.

Mike is a member of the Fort Worth chapter of the Entrepreneurs’ Organization and volunteers with the SHRM Texas State Council.

Mike maintains his certification as a Senior Professional in Human Resources (SPHR) through the HR Certification Institute. He is also a SHRM Senior Certified Professional (SHRM-SCP).

Mike lives in Fort Worth with his very patient wife. He practices yoga and maintains a keto diet, about both of which he will gladly tell you way more than you want to know.

Learning Objectives:

1. Understand when the California Fair Chance Act applies to employers in—and possibly outside—of California.

2. Implement processes to ensure that criminal history information is collected and evaluated in accordance with California’s Fair Chance Act.

3. Ensure compliance with California’s Fair Chance Act when criminal history information may adversely impact an applicant.