California: New Bills on Background Checks, Overtime Exemptions, and More

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January 1, 2018

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Gov. Brown recently signed a number of new bills that will impact a variety of employment practices, including background check requirements in certain industries, overtime exemption standards, and requirements for obtaining teaching credentials.  A summary of the new bills are as follows:

AB 170 | Education Requirement for Obtaining Teaching Credentials.  Previously, an individual needed to have a baccalaureate degree in a subject other than teaching in order to obtain preliminary or multi-subject teaching credentials.  AB 170 allows individuals to obtain such credentials even if their degree is in professional education only.

SB 621 | Overtime Standards for Private School Teachers.  Previously, private school teachers were exempt from certain overtime laws in the California Labor Code under specific conditions.  However, the existing regulations failed to specify if the exemptions applied to both part-time and full-time teachers.  The new law expressly states that the current standard applies to full-time employees and further adds additional standards for part-time private teachers.

AB 949 | Background Check Requirements for Sole Proprietors Contracting with a School District.  Currently, entities that provide third party services for a school (e.g., janitorial or maintenance services, transportation, food services, or administrative support) must submit fingerprint records to the Department of Justice for any employee who has contact with pupils.  However, the law does not account for individuals that are not potential school district employees or employees of an entity authorized to conduct background checks.  AB 949 bridges this gap by requiring any contracting individual operating as a sole proprietor to comply with the fingerprint requirement.  The bill also provides reimbursement for costs incurred by any school district in implementing this procedure.

AB 1339 | Background Check Requirements for Employees who Apply for a Law Enforcement Agency Position.  Previously, employers were required to disclose certain information regarding former employees who apply for a position as a peace officer.  AB 1339 broadens this requirement to other roles within law enforcement agencies, such as evidence retention and dispatch.  Upon request from a law enforcement agency, employers may be required to disclose information about a former employee, such as:

  • Written information in connection with job applications
  • Performance evaluations
  • Attendance record
  • Disciplinary actions
  • Eligibility for rehire

Action Items

  1. Review background check procedures applicable to your industry.
  2. Review overtime standards for part-time private teachers for compliance with the new rules.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2017 ManagEase, Incorporated.

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