An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

employers may not use a consumer credit report for employment purposes unless the position of the person for whom the report is sought is any of the following:

 A managerial position: This is defined as a position that qualifies for the executive exemption set forth in Section 1, subparagraph A(1) of IWC Wage Order 4 (See Section 6, Wage and Hour Laws, for further information on the executive exemption);  A position with the state Department of Justice;  A sworn peace officer or other law enforcement position;  A position for which the information contained in the report is required by law to be disclosed or obtained;  A position that involves regular access, for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, to all of the following types of information of any one person:  Bank or credit card account information  Social security number  Date of birth  A position in which the person is, or would be, any of the following:  A named signatory on the bank or credit card account of the employer  Authorized to transfer money on behalf of the employer  Authorized to enter into financial contracts on behalf of the employer  A position that involves access to trade secrets or similar confidential or proprietary information; or  A position that involves regular access to cash totaling $10,000 or more of the employer during the workday. 177

F. F INGERPRINTS

1. H OW T O S ET U P A CORI A CCOUNT W ITH T HE D EPARTMENT O F J USTICE The California Department of Justice (“DOJ”) provides an automated service for criminal history background checks. The DOJ only accepts applicant fingerprint submissions which are electronically transmitted. Live Scan digital submissions provide a quick way to submit and process background checks. To obtain Criminal Offender Record Information (“CORI”) from the DOJ a school should submit an application form to the DOJ to become an applicant agency. A school should visit the following website for further information on becoming an applicant agency: http://oag.ca.gov/ fingerprints/agencies.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 68