2023 California Background Check Policy
PURPOSE/OBJECTIVE
MKGXR strives to hire and promote the best-qualified individuals, and background and reference checks are an important part of these processes. When a background or reference check is needed with respect to hiring or other employment decisions, the company conducts such checks in compliance with applicable federal, state and local laws.
BACKGROUND CHECKS
We conduct background checks in compliance with applicable federal and state laws, including the Fair Credit Reporting Act, the California Investigative Consumer Reporting Agencies Act and the California Consumer Credit Reporting Agencies Act. Thus, for example:
Applicants or freelance employees will be provided with appropriate written notice of the company’s intention to obtain information by way of a background check and will give applicants and employees the opportunity to obtain a free copy of any report obtained.
Applicants and freelance employees will be asked to authorize a background check before such check is performed.
CONSUMER CREDIT REPORTS
MKGXR Productions, LLC obtains consumer credit reports only under very limited circumstances, for example, when applicants or freelance employees are being considered for a management position in which they will have access to bank or credit card account information. When the company needs to obtain a consumer credit report, it will comply with applicable federal and state laws.
All information obtained from background or reference checks will be used only for purposes of making employment decisions (e.g., hiring, termination or promotion); will be maintained confidentially, in accordance with applicable legal requirements; and may only be reviewed or accessed by authorized individuals with the approval of the candidate.
OUR COMPANY’S RESPONSIBILITIES
Line Producers or talent acquisition managers must:
Inform candidates that a background check is required in the position’s job advertisement.
Ask candidates to provide written permission before conducting a background check and let them know how long the process will take.
Hire a reputable and reliable background check provider. Criteria to consider when choosing a provider are: cost, legality, commitment to confidentiality and turnaround time. If our current provider doesn’t meet our requirements for these criteria, HR should search for a new provider.
Inform candidates of the results of their background checks and what we plan to do (reject or move candidates to the next hiring phase.) Background check providers should give candidates copies of their results.
Conduct a background check on all candidates who pass through the [interview phase] for a specific position without discriminating against certain individuals.
Give candidates information they need to dispute a report or address any issues a background check turns up.
Line Producers or talent acquisition managers must tell candidates a clean background check doesn’t guarantee employment, unless they’ve already received a verbal job offer.
UNDERSTANDING NEGATIVE FINDINGS
Criminal records don’t automatically disqualify candidates from the hiring process. We will judge the substance of criminal records according to a matrix of the following criteria:
Number of criminal convictions for the same offense.
Time elapsed from the most recent criminal conviction.
How the criminal conviction relates to the position.
Note that MKGXR Productions, LLC will consider convictions, not arrests, when reviewing a candidate’s background check.
Line Producers or talent acquisition managers should keep the company’s interests in mind when rating the seriousness of any issues background checks uncover. For example, candidates who are considered for a position that involves driving a company vehicle should have at least a two-year clean driving record. Line Producers or talent acquisition managers should reject candidates convicted of driving while intoxicated within the last two years.
Generally, if Line Producers or talent acquisition managers decide a particular candidate would bring high or unreasonable risk to the company, they should reject the candidate.
Line Producers or talent acquisition managers can call candidates to discuss the results of their background checks in cases of minor discrepancies (e.g. a suspended license.) If candidates answer satisfactorily, they may still be hired to work with our company.
PROCEDURE
We aim for a transparent hiring process that respects candidates’ rights. We follow this procedure for background screening:
Line Producers discuss whether a background check is needed for a position and what the check will include.
Line Producers note in the job ad that a background check is required before employment.
When the final candidates (one or more finalists) are selected, Line Producers contact the candidates to get written permission for background checks and explain the process. This can be done through an Applicant Tracking System (ATS.)
If candidates refuse to go through background screening, Victoria Grant or Cherryl Espinoza informs them that they won’t be considered for the position. If candidates provide written permission, background-check providers can initiate the review.
Once a cofounder receives background check results, they will discuss them with the talent acquisition manager or production manager for the specific project to decide next steps for the candidates and the position.
Making XR inform candidates of their decisions and ensure they get copies of their individual background check reports. If there are negative findings, HR/Line Producers must let candidates know how to dispute the report.
Our confidentiality and data protection policies always apply to any information background checks uncover.
RECORDKEEPING OF BACKGROUND CHECKS
Summary of Selected Recordkeeping Obligations in 29 CFR Part 1602
These recordkeeping regulations require covered entities to retain personnel and employment records that they make or use in the course of their business. The specific requirements of these regulations are set forth below.1
All Personnel and Employment Records made or used (including, but not limited to, requests for reasonable accommodation, application forms submitted by applicants, and records dealing with hiring, promotion, demotion, transfer, lay-off or termination, rates of pay, compensation, tenure, selection for training or apprenticeship, or other terms of employment) must be preserved for the following periods:
Private employers must retain such records for one year from the date of making the record or the personnel action involved, whichever occurs later, but in the case of involuntary termination of an employee, they must retain the terminated employee's personnel or employment records for one year from the date of termination.
Educational Institutions and State and Local Governments must retain such records for two years from the date of the making of the record or the personnel action involved, whichever occurs later, but in the case of involuntary termination of an employee, they must retain the terminated employee's personnel or employment records for two years from the date of termination.
Other Records must be retained for the following periods:
Labor Unions which are "referral unions" must retain all membership and referral records (including applications for same) for a period of one year from the date of making the record.
Apprenticeship Committees that control apprenticeship programs must retain all apprenticeship records, including, but not necessarily limited to, requests for reasonable accommodation, test papers completed by applicants, and records of interviews, for a period of two years from the date of making of the record.
Records Relating to a Charge of Discrimination
Where a charge of discrimination has been filed under Title VII, the ADA, or GINA, or where a civil action has been brought by the Commission or the Attorney General, the respondent private employer, state or local government employer, educational institution employer, labor union, or apprenticeship committee must retain all records related to the charge or action until final disposition of the charge or action. The date of final disposition means the date of expiration of the statutory period within which the aggrieved person may bring an action in a U.S. District Court or, where such an action has been brought, the date on which such litigation is terminated.
1. This summary is limited to the recordkeeping requirements associated with OMB Control No. 3046-0040.
DISPOSAL RULES
Any personnel or employment records including all application forms, and other records related to hiring, regardless of whether the applicant was hired must be preserved for one year after the records were made, or after a personnel action was taken, whichever comes later. (The EEOC extends this requirement to two years for educational institutions and for state and local governments.
If you have any questions about this notice, please feel free to contact @Productions@MKGXR.com
