However, some employers, such as certain financial institutions and the child care industry, must obtain fingerprints before hiring. Certain health-related employees, such as certified nurse assistants and home health aides, must also submit electronic fingerprint images to the state Department of Justice (DOJ). Information from the state DOJ can be found on the DOJ website.

More and more employers are using biometric identification systems, such as fingerprint scanning, in the workplace; for instance, for timekeeping and security purposes. Such a system may ensure more accurate and reliable time records and help prevent fraudulent time records because only the employee can enter their time. Employees cannot clock in and out for each other.

However, if an employer uses employee fingerprints or photographs in a biometric timekeeping or security system, the employer must ensure that the fingerprints or photographs are not shared with anyone else, such as the vendors providing the biometric systems.

Consider drafting policies and procedures that govern the use of the biometric systems, including notifying employees of what information will be gathered, how it will be used, whether the use of the system is required and, if so, the consequences of not using the system. Be prepared to work with employees who request an accommodation on disability or religious grounds.

Employers using biometric systems should take steps to ensure that the biometric data collected from employees is securely stored and safe from being compromised, such as by third parties hacking into the biometric system. Security precautions need to be taken to prevent inadvertent disclosure.

• Consult legal counsel before fingerprinting any applicant or employee or implementing a biometric system. Privacy and biometrics is a rapidly changing area of the law.

1. Lab. Code sec. 1051