California Laws Regulating Employment Screening and Safe Hiring: 2-Day In-Person Seminar

By: Lester S. Rosen, CEO of Employment Screening Resources
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Course “California Laws Regulating Employment Screening and Safe Hiring” has been pre-approved by HRCI as eligible for 10.5 credits towards a participant’s recertification upon full completion.
“The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program”.

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Course Description:

It’s never been more challenging to find and hire the right people. Employers are concerned not only about getting the right ‘fit,’ but also about legal regulations, discrimination, privacy concerns and limited budgets. Without exercising due diligence in hiring, employers also risk mistakes that can result in legal and financial nightmares including workplace violence, unqualified employees, theft and litigation for negligent hiring. On the other hand, failure to follow legally complaint hiring practices can result in regulatory actions and class action lawsuits.

The stakes are even higher in this state, where failure to dot an ‘i’ or cross a ‘t’ can get you sued for $10,000 per occurrence. California has a whole host of additional ‘only in California’ rules that make it even more important for employers to understand the ins and outs of employment screening in the Golden State.

In this interactive two day live seminar, attendees can equip themselves with cutting edge tools, the latest legal developments and practical advice on the challenges of recruiting, background screening and hiring the best people for your organization.

Some of the key topics covered include:

  • Laws, regulations and litigation that impact California employers.
  • How can a clerical error in California cost employers $10,000 per applicant?
  • Creating a hiring process that is not only effective, but saves time, money and reduces legal exposure.
  • Avoiding lawsuits for negligent hiring.
  • Effective use of employment applications.
  • The interview – what to ask, what not to ask, and how to find out what you really need to know.
  • Checking references – getting past ‘name, rank and serial number’.
  • ackground checks — why you can’t afford to neglect them.
  • The legal and effective use of criminal records in the hiring process.
  • Discrimination in hiring – complying with EEOC requirements and Ban the Box.
  • Understanding the federal Fair Credit Reporting Act (FCRA) as well as numerous other state and federal laws and regulations.
  • Avoiding the most common mistakes that get employers sued.
  • The ins and outs of other due diligence tools, including social media searches, credit reports, e-verify and drug testing.
  • International background checks.
  • How to select a background firm and audit your current screening practices.
  • Post-hiring duties and best practices.

Learning Objectives:

  • Learn why background checks and due diligence have become mission critical for employers.
  • Understand the basics of a negligent hiring lawsuit and defenses that work and those that don’t.
  • Get acquainted with best practices and cutting edge issues such as the new EEOC focus on criminal records and credit reports and the use of social networking sites.
  • Learn why knowledge of the federal Fair Credit Reporting Act and similar state laws is critical in the hiring process.
  • Learn the four basic steps needed for compliance with the FCRA.
  • Understand how the FCRA protects consumers and what an employer must do when a consumer disputes a background report.
  • Learn how California is different and how failure to comply can cost you $10,000 per applicant.
  • Learn how to spot fraudulent employment and education credentials.
  • Get updated on the latest best practices and new technologies.
  • Learn steps your organization can take today to implement a legally compliant program and to hire the best employee.
  • Review case studies of employers who got sided for negligent hiring or failure to comply with background checking laws.
  • Learn why employers, human resources, and recruiters use search engines and social networking sites to screen candidates.
  • Review what sites are available and what you may find as well as the risk in in using these sites?
  • Isn’t everything on the web fair game since privacy is waived once someone places something on the internet?
  • How do discrimination laws and rules concerning off-duty conduct apply when using the internet?
  • Understand how EEOC considerations impact screening tools such as credit reports, criminal records and social networking sites.
  • Understand the dangers of using social media sites to select or recruit applicants.
  • Audit your current hiring and screening practices for legal compliance.
  • Learn effective and legal strategies to verify an applicant’s past employment and education accomplishments.
  • Explore why employment references create legal issues for employers and strategies for obtaining information and dealing with requests from other employers.
  • Learn why phony education credentials are problematic and how to spot degree mills.
  • Learn why international background checks are becoming mission critical for employers.
  • Understand the challenges and availability of international background checks including international criminal records, as well as employment and education verification.
  • Learn why employers cannot simply rely upon the issuance of a visa as proof an applicant has the credentials claimed.
  • Learn the legal and privacy aspects of checking international criminal records and credentials.

Who Will Benefit:

  • Human resources professionals
  • Hiring managers
  • Security professionals
  • Employee relationship managers
  • Recruiters from firms of all sizes that hire employees in California
  • HR directors
  • Business directors
  • Any CO involved with employee relations/human resources
  • Employment managers
  • Chief talent officers
  • HR coordinators/supervisors
  • Recruiters/consultants/ third party hiring agencies
  • HR administrators
  • HR analysts
  • Auditors
  • Company/business owners
  • Public agency managers
  • Audit and compliance personnel / risk managers

Course Outline

Day One (8:30 AM – 4:00 PM)
Registration Process: 8:30 AM – 9:00 AM
Session Start Time: 9:00 AM
  • 9:00-10:15 - Introduction to Background Screening and Safe Hiring
    1. Negligent hiring and the employer’s duty of care
    2. Defenses to negligent hiring: what does work and what doesn’t
    3. The dangers employers face: the need to avoid workers that are dishonest, unfit, dangerous or unqualified
    4. Critical process before the background check
      1. The application process
      2. Effective interviewing
  • 10:15-10:30 - Break
  • 10:30-12:00 - Checking Past Employment and Education: How to Get Beyond ‘Name, Rank and Serial Number,’ and How to Prevent Credential and Education Fraud
  • 12:00-1:15 Lunch
  • 1:15-2:30 – The Legal Framework
    1. Legal considerations in conducing background screening under the federal Fair Credit Reporting Act (FCRA)
    2. The FCRA in four easy steps
    3. An introduction to discrimination and privacy concerns
    4. The California statutory framework on background checks, including the Investigate Consumer Reporting Agencies Act (ICRA), the California Labor Code and other California statues
    5. Life in the other 49 states
    6. Whose law applies anyway?
  • 2:30-2:45 - Break
  • 2:45-4:00 - An Introduction to Criminal Records in California, National and Federal – How to Find and Use
    1. Ban the Box
    2. The EEOC guidance on the use of criminal records
    3. Numerous ‘only in California’ limitations on the use and reporting of criminal records
    4. The dramatic rise of class actions lawsuits against employers and background firms
    5. The most common reason for lawsuits against employers and how to mitigate the risk
Day Two (8:30 AM – 4:00 PM)
  • 9:00-10:30 - Additional Special Only in California Rules
    1. California - special rule for privacy and offshoring
    2. California social media restrictions
    3. California limitation on credit reports
    4. Local restrictions: San Francisco Ban the Box
  • 10:30-10:45 - Break
  • 10:45 -12:00 – Working with Background Screening Firms
    1. The National Association of Professional Background Screeners( NAPBS)
    2. NAPBS and accreditation
    3. How to put together a screening program
    4. How to select and work with a screening vendor (including a sample request for proposal)
    5. 10 FAQs about a background screening program
  • 12:00-1:15 - Lunch on your own
  • 1:15 -2:45 - Other Key Background Checking Tools and Issues
    1. The use of social media sites
    2. Drug testing
    3. Workers’ Compensation and the Americans with Disabilities Act (ADA)
    4. Other tools such as credit reports and driving records
    5. International background checks
    6. Special problems with temporary workers and independent contractors
    7. Privacy and protecting PII (Personal Identifiable Information)
  • 2:45-3:00 - Break
  • 3:00-315 - Introduction to How a Person with a Criminal Record can Rebuild their Resume and Get Back into the Workforce
  • 3:15-4:00 - Take the ESR Safe Hiring Audit: 25 Audit Questions to Measure the Effectiveness and Legal Compliance of Your Background Screening and Safe Hiring Program

Meet Your Instructor

Lester Rosen-90X112
Lester S. Rosen,
CEO of Employment Screening Resources

Lester Rosen is an attorney at law and CEO of Employment Screening Resources (ESR), a national background screening company accredited by the National Association of Professional Background Screeners (NAPBS). He is a consultant, writer, and frequent presenter nationwide on pre-employment screening and safe hiring issues. He has qualified as an expert witness on issues surrounding safe hiring and due diligence. He has been a speaker for numerous national and statewide conferences. He is also the author of "The Safe Hiring Manual: The Complete Guide to Employment Screening Background Checks for Employers, Recruiters, and Jobseekers" - the first comprehensive book on background checks - and "The Safe Hiring Audit."

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