Labor & Employment Law Blog

Effective October 10, 2024, San Diego County adopted its new Fair Chance Ordinance (“SDFCO”). The SDFCO imposes additional restrictions that covered employers must follow regarding the use of criminal history in employment, on top of what California law already requires. 

The new SDFCO applies to employers that do business in the unincorporated areas of the County of San Diego and have 5 or more employees. Applicants and current employees who are in or are seeking a position involving at least 2 hours of work, including remote work, on average each week in the unincorporated areas of the County, receive protections under the SDFCO. Unlike the California state Fair Chance Act (“FCO”), the SDFCO expressly defines an “applicant” to include those applying for employment but also current employees seeking promotions or transfers.

Back in February, 2024, the Los Angeles County Fair Chance Ordinance for Employers (the “FCO”) was adopted by the County Board of Supervisors. The FCO became operative and subject to enforcement on September 3, 2024 and adds a variety of additional compliance obligations for covered employers and added protections for covered applicants and employees, above and beyond what existing state law requires. Covered employers must ensure that they comply with the stricter of state and local laws governing the use of criminal history in employment.

With the close of the California legislative season, there are a variety of employment law bills which will become law on January 1, 2025. Golden State employers should be aware that several of these new laws necessitate updates to employment policies and handbooks. Specifically: