HR Alert

California: Transportation Network Companies Must Conduct Certain Background Checks

Law Effective January 1, 2017

Under a new law in California, a transportation network company must conduct (or have a third party conduct) a local and national criminal background check for each participating driver that includes certain features.

Background
A "transportation network company" is an organization, including (but not limited to) a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle.

New Law
Under the new law, a transportation network company must conduct (or have a third party conduct) a local and national criminal background check for each participating driver that includes both of the following:

  • A multi-state and multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation.
  • A search of the U.S. Department of Justice's National Sex Offender Public Website.

Additionally, a transportation network company may not contract with, employ, or retain a driver if he or she meets either of the following criteria:

  • A multi-state and multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation.
  • A search of the U.S. Department of Justice's National Sex Offender Public Website.

A transportation network company also may not contract with, employ, or retain a driver if he or she has been convicted of certain other specified offenses within the previous 7 years, including (but not limited to) a domestic violence offense or driving under the influence of alcohol or drugs.

Note: The law does not prevent a transportation network company from imposing additional standards.

The law is effective January 1, 2017. Additional details are contained in the text of the law.


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