GOVERNMENT RELATIONS


provide the requested information. Te direct contractor’s liability only extends to any unpaid wage, fringe or other benefit payment or contribution, including interest owed, and does not extend to penalties or liquidated damages. A joint labor-management cooperation committee must provide the direct contractor and subcontractor that employed the wage claimant with at least 30 days’ notice by first-class mail if a civil suit is planned to be filed against a direct contractor.


AB 1008 Existing law prohibits all


employers from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pre-trial or post- trial diversion program. AB 1008 now makes it an


unlawful employment practice under the California Fair Employment and


Housing Act for an employer with five or more employees to include on any application for employment any question that seeks the disclosure of an applicant’s conviction history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider infor- mation related to specified prior arrests, diversions, and convictions. Employers who intend to deny an


applicant a position of employment solely or in part because of the appli- cant’s conviction history now have to make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of


the job, and to consider:  Te nature and gravity of the offense or conduct.


 Te time that has passed since the offense or conduct and completion of the sentence.


 Te nature of the job held or sought.


An employer may, but is not


required to, commit the results of this individualized assessment to writing. Employers who make a preliminary


decision to deny employment based on that individualized assessment now have to provide the applicant written notification of the decision. Te notifi-


cation must contain:  Notice of the disqualifying conviction or convictions that are the basis for the preliminary decision to rescind the offer.


 A copy of the conviction history report, if any.


 An explanation of the applicant’s right to respond to the notice of the employer’s preliminary decision before that decision becomes final and the deadline by which to respond. Tis law grants an applicant five


business days to respond to that notifi- cation before the employer may make a final decision. Again, please refer to AGC’s legislative website for additional details on these and other laws that impact the construction industry. 


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HCSS.COM | 1-800-683-3196 6 January/February 2018 California Constructor


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