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People who work for rideshare companies must pass a background check – but these reports may not be extensive enough. A new California law intends to fix that.

Since the inception of the rideshare industry, several news stories have shown that a few people with criminal records have been hired as drivers. While rideshare services are generally considered to be safe, there are numerous accounts of employees who allegedly committed violent crimes while on the job. We’ve discussed some of these incidents in previous blog entries, and continue to watch for more.

These disturbing reports acted as a catalyst for this tough new law.

Recent Stories of Rideshare Workers with Criminal Records

In July, 2016 an Uber driver was pulled over for not wearing his seatbelt. Officers discovered the man had marijuana and an unlicensed, loaded firearm in the car. After the driver was arrested, officials learned he had two prior felony convictions. Both were weapons-related.

In August, 2016 a rideshare operator in Massachusetts granted an off-camera interview to a local news station. During their conversation, he admitted to being a level 2 sex offender. The driver was listed on the national registry when he was hired. At the time of his interview, he was still considered an active employee.

Incidents like these bring attention to the background screening procedures enforced by rideshare companies. In the first case, the driver’s felonies were not reported because they were more than 7 years old. It’s unclear how the criminal record was missed in the second case. Based on the report, it seems the rideshare company did not use a Consumer Reporting Agency to conduct their background check.

What should be done to help protect people who use rideshare programs? According to California Assemblyman Jim Cooper, stricter background checks are a necessity.

Tougher Laws For Rideshare Companies

Cooper wrote a bill that requires potential drivers to undergo a complete criminal background check. This bill stipulates that rideshare companies must conduct their own nationwide check or hire a professional background screening company.

These background checks would include a “multi-state and multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation” and a search of the “United States Department of Justice National Sex Offender Public Web site.”

If an applicant is listed as a registered sex offender, or has been convicted of a violent felony, misdemeanor assault, domestic violence or similar crimes, then that person would not be eligible for hire.

The bill was signed by Governor Jerry Brown and goes into effect on January 1, 2017.

Fines For Non-Compliance

Once the bill is effective, rideshare companies must adhere to these new regulations or they will pay fines and may face other liabilities. The bill stipulates that a company shall be fined between $1,000 and $5,000 for every driver who has any of the criminal records specified on the bill.

Currently, most rideshare companies assert that they have no liability if customers are injured while using their service. Some of their websites even list examples such as bodily injuries, emotional distress and even death. Whether or not these companies will update their Terms based on this new bill remains to be seen.

One thing is certain. The intent of this bill is to hold rideshare companies accountable for the people they hire, and to persuade these companies to take more precautions during the hiring process.

What About Current Drivers?

According to one source, the bill covers both current and future drivers. It is unclear, however, if rideshare companies will have to re-screen all existing employees. Eva Behrend, a spokesperson for Uber, stated that they are currently seeking clarification on that matter.

Assemblyman Jim Cooper hopes this bill will create a safer environment for everyone who uses rideshare services. At Backgrounds Online, we offer an array of Criminal background check products. If your company is hiring and requires an in-depth look at a candidate’s history, we can help.

Please contact us if you have questions or need assistance.