News & Analysis as of

Background Checks Criminal Background Checks

California's New Criminal Background Check Regulations to Go Into Effect July 1, 2017

by FordHarrison on

California’s Department of Fair Employment and Housing (DFEH) recently enacted regulations that impose additional burdens on employers’ use of criminal background checks in employment decisions. The new regulations are...more

Changes to Massachusetts CORI Regulations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Massachusetts Department of Criminal Justice Information Services recently amended the provisions of the Commonwealth’s CORI regulations that govern how employers conduct criminal history checks. ...more

Checking In on Background Checks

by Zelle LLP on

Background checks are a valuable (and often essential) part of the hiring process. They help employers find good employees and avoid risky hires. Failure to check applicants’ backgrounds can amount to negligence and may...more

District Court Grants Motion To Dismiss Because FCRA Plaintiff Failed To Allege Concrete Injuries

by King & Spalding on

On March 1, 2017, the United States District Court for the District of Minnesota granted a motion to dismiss a lawsuit predicated on alleged violations of the Fair Credit Reporting Act (“FCRA” or the “Act”). If a person...more

California Lawmakers Introduce Statewide Ban-the-Box Law

by Littler on

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last six months alone, we have reported on a variety of new laws that apply to California employers...more

Employment Background Checks: In a State of Flux, but Still Worth Doing

by Fisher Phillips on

Background checks have been a tool for employers to use to screen applicants for quite some time.  However, recently there have been many changes and an increase in litigation in the background check arena....more

It's Not Just a Box: Understanding How "Ban-the-Box" Laws Go Beyond Your Employment Application

by Littler on

In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made a conditional offer. It was not for another 12 years...more

Compliance News Flash

by Arnall Golden Gregory LLP on

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. On February 28 at 3 pm EST Montserrat Miller, a Partner with Arnall Golden...more

Albany County Enacts Legislation Prohibiting Inquiries into Criminal Convictions for County Employment

Following a national trend to “ban the box” on job applications, on February 13, 2017, the Albany County Legislature passed legislation prohibiting Albany County from inquiring about an applicant’s criminal conviction history...more

Hiring and Firing in Los Angeles: Fair Chance Initiative Update

by Lewitt Hackman on

We told you about Los Angeles’ Ban the Box ordinance in early December. Also known as the Fair Chance Initiative for Hiring Ordinance (FCIHO), the new regulation seeks to reduce recidivism by limiting inquiries regarding...more

LA’s Ban the Box Ordinance: New Rules and Regulations

As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los...more

You May Have a Failure to Communicate — State Notice Requirements Are Plentiful

by Foley & Lardner LLP on

Your company probably makes written offers of employment. After all, it makes good sense — it confirms basics about the job, such as the position being offered and pay rate. For the applicant, it makes clear the terms of the...more

City of Los Angeles Limits Employer Inquiries Regarding Criminal History of Job Applicants

Los Angeles Mayor Eric Garcetti has signed the Los Angeles Fair Chance Initiative for Hiring Ordinance (the “Ordinance”), limiting the practice of many employers to require prospective job applicants to provide criminal...more

UPDATE: The City of Los Angeles Adopts "Ban the Box," Prohibiting Criminal Conviction Inquiry Prior to Job Offer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an...more

“Ban the Box” Has Arrived in the City of Los Angeles—Are You in Compliance?

Is your organization located in or doing business in the City of Los Angeles? Does your organization have 10 or more employees who spend time working there? If yes to both, it is time to take a look at your employment...more

Comprehensive Massachusetts Employment Law Guide

by Locke Lord LLP on

Drafting Employment Applications in Massachusetts - Massachusetts Job Application Requirements - Several Massachusetts laws govern the information that employers must include in their written job applications....more

Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions

by Barley Snyder on

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania company is a reminder for employers to keep employment records regarding the use of criminal background...more

Employment Flash Alert: Los Angeles 'Ban the Box' Ordinance

The city of Los Angeles recently passed an ordinance called the Los Angeles Fair Chance Initiative for Hiring (Ban the Box), which will impact employers located or doing business in Los Angeles who employ more than 10...more

New Year's Resolution for California Employers: Know New Laws Affecting Your Business in 2017

by Faegre Baker Daniels on

The California legislature enacted many new laws in 2016 affecting California employers, many of which are summarized below. All employers with operations in California should be aware of these new laws and consult with...more

Ban the Box: Breaking Down the “Los Angeles Fair Chance Initiative for Hiring” Ordinance

Mayor Eric Garcetti recently signed into law legislation seeking to protect employment applicants from discrimination based on their criminal convictions. Here is what you need to know about the new law going into effect on...more

Texas Likely To Take Aim at Municipal and County Ban the Box Laws

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Legislature of the State of Texas has introduced a new bill designed to create uniformity within its borders by prohibiting municipalities and counties from micro-managing the particular steps involved...more

California Employer Compliance 2017

by Lewitt Hackman on

There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more

City of Los Angeles Passes Ban-the-Box Law

by FordHarrison on

The City of Los Angeles recently enacted its own Ban-the-Box law, designed to prevent employers with at least 10 employees from inquiring into or requiring an applicant to disclose their criminal history until a conditional...more

LA Doesn’t Just Ban The Box, It Gives It The Boot

by Fisher Phillips on

Los Angeles just joined the ranks of other cities like San Francisco and New York City by enacting its own ban-the-box ordinance, prohibiting private employers from inquiring about criminal convictions during the application...more

Los Angeles’ New “Ban the Box” Ordinance Prohibits Employers From Asking Job Applicants About Their Criminal History

On December 9, Los Angeles Mayor Eric Garcetti signed the “Fair Chance Initiative” into law. The new law, also referred to as the “Ban the Box” ordinance, restricts employers in the City of Los Angeles from asking job...more

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