No, the California Labor Code prohibits an employer from seeking salary history information about an applicant for employment. Salary history information includes both your rate of compensation and information about other benefits. The law applies to all employers (including state and local government). You can voluntarily disclose salary history information to a potential employer.
Yes, you have the right to review your personnel files and make copies of documents you've signed in California. If you're a California state or federal employee, your personnel file can only be disclosed under limited circumstances as it is covered under the California Information Practices Act (state employee) or the federal Privacy Act of 1974 (federal employee).
In California, criminal histories (rap sheets) compiled by law enforcement agencies are not public record. Only certain employers such as public utilities, law enforcement, security guard firms and child care facilities have access to this information.
In California, employers can’t seek the arrest record of a potential employee (even though arrest record information is public record). If an applicant is out of jail but awaiting trial, employers can inquire regarding an arrest.
There are exceptions for certain arrests when the applicant will be employed in health care and have access to patients or drugs.
You can take steps to prepare for an employee background check before you apply for a new job. By doing so, you could reduce the chance of being surprised by inaccurate or forgotten information that could show up during the background check process.
The Investigative Consumer Reporting Agencies Act (ICRAA) is a California law that requires investigative consumer reporting agencies (ICRAs) to institute reasonable procedures to ensure they provide and use consumer information in a way that is fair, equitable and respects consumers’ right to privacy, particularly with regard to reports furni
When an employer performs a background check on you and finds incorrect information, you have options and rights.
Even if you feel that you have nothing to hide or don’t particularly care whether an employer knows a lot about your private life, there are still reasons you should pay attention and understand your rights when it comes to background checks.
The federal law governing employment background checks (Fair Credit Reporting Act) doesn’t prohibit employers from asking questions about criminal history on a job application. Ban the Box laws (check box on job applications about criminal history) are being enacted at the state, county and city level in response to this practice.
Credit reports are compiled by a credit reporting agency and contain data from many different sources. They are commonly used to make decisions about a person’s ability to obtain credit, employment, insurance and rent or purchase a home. Government agencies also use credit reports during the course of investigations.