Gilroy Chamber Business Focus

8 NOVEMBER 2 2018

GILROY DISPATCH GILROY CHAMBER BUSINESS FOCUS

NOVEMBER 2, 2018 9

State/Local Laws Restrict Use of Information on Criminal Offenses By Sunny Lee, CalChamber

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expunged, it means that the record has been wiped clean as if the event never happened, and the applicant never committed the crime.

This area is confusing to many employers who have had a practice of not hiring an applicant who has been convicted of a felony.

These are powerful protections that prevent an employer from acting on criminal information to deny employment.

Vintners, elected officials, Gilroy residents, Chamber members and others gathered underneath the newest Gilroy mural commemorating the wineries of Santa Clara Valley. The mural, commissioned by the Gilroy Chamber of Commerce, took approximately 6 weeks to complete. The mural is located at 5th and Monterey Streets on the wall of the CMAP building which faces the garlic mural.

Recent changes to state law prevent an employer of five or more employees from asking about criminal history information on a job application and/or in a job interview.

An employer who feels the need for further help in this area should consult with legal counsel.

CALENDAR OF EVENTS

Employers also are prevented from using criminal offenses that occurred while an applicant was a minor in denying employment, as well as using criminal records that have been expunged.

Krys Mandilag

n applicant voluntarily disclosed that when he was a minor he had a felony conviction that has since been expunged. Can we refuse to hire him?

Thursday, November 8, 5:30 - 7:00 p.m. – Networking Mixer at Pinnacle Bank, 7597 Monterey Street. If attending, please bring a non-perishable holiday side dish which St. Joseph’s will use to provide food baskets for those in need. Government Relations Committee Meeting is canceled for November Wednesday, November 14, 6:45 - 8:00 a.m. – Chamber Breakfast at the Hilton Garden Inn, Breakfast is sponsored by Gavilan College. Join us as we celebrate the recipients of the Gavilan Spirit Awards. PLEASE NOTE, this month’s breakfast is moved to November 14. Register at gilroy.org or call the 408-842-6437. November 22 and 23 – The Chamber offices will be closed November 22 & 23 for the Thanksgiving Holiday.

Local Ordinances In addition to restrictions on use of criminal information that have been enacted by California, local laws or city ordinances may further restrict or control an employer’s use of criminal information.

Felony While a Minor In this case, even though the applicant volunteered the information, the employer may not use that information to deny employment if the applicant was a minor at the time the felony was committed. Moreover, if a criminal record has been

Think Tank: Policies Allowed by Prop. 10 Cause More Harm Than Good October 25, 2018 CalChamber

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n the long run, rent control “decreases affordability, fuels gentrification, and creates negative spillovers on the surrounding neighborhood,” according to a recent report published by the Brookings Institution. The research review, ” What Does the Economic Evidence Tell Us About The Effects of Rent Control,” is authored by Rebecca Diamond, Associate Professor of Economics at the Stanford

The review examines the San Francisco housing market, as well as national studies, in reaching its conclusion. It notes that:

• “Rent control can also lead to decay of the rental housing stock; landlords may not invest in maintenance because they can’t recoup these investments by raising rents”; and

• “Rent controlled properties create substantial negative externalities on the nearby housing market, lowering the amenity value of these neighborhoods and making them less desirable places to live”;

• Rent control can “lead to emptynest households living in familysized apartments and young families crammed into small studios” because tenants in rentcontrolled apartments keep their rental costs low by not moving.

Graduate School of Business.