News & Analysis as of

New Jersey’s Version Of “Ban The Box” Bill Reintroduced To Senate

“The Opportunity to Complete Act” (last mentioned in the February 2013 issue of the New Jersey eAuthority) was reintroduced to the state Senate on February 28, 2014. The bill still prohibits the use of criminal background...more

Act Now Advisory: San Francisco's Fair Chance Ordinance - New Workplace Law Regulates Criminal Background Inquiries

This last month, San Francisco joined several cities and states by adopting "ban the box" legislation called the Fair Chance Ordinance ("Ordinance"), which limits the timing and scope of inquiries into an applicant's or...more

New San Francisco Law Restricts Employers’ Use of Criminal Background Checks

San Francisco’s recently enacted Fair Chance Ordinance (a.k.a., the “Ban-the-Box Ordinance”) limits the use of criminal history information in pre-employment screening by San Francisco employers, contractors, and affordable...more

San Francisco Employers Beware: New Extensive Restrictions on Use of Criminal Background Information

The use of criminal background checks when hiring employees has become even more limited in San Francisco. On August 13, 2014, the recently passed Fair Chance Ordinance (Ordinance) becomes operative requiring employers doing...more

New Guidance for Employers Conducting Background Checks

Employers who investigate workers' criminal or credit backgrounds may want to review federal guidelines released March 10. The joint publication of the Federal Trade Commission and the Equal Employment Opportunity...more

EEOC and FTC Offer Joint Tips on Use of Employment Background Checks

User-Friendly Documents for Employers, Job Applicants, and Employees Explain Laws Governing the Acquisition and Use of Personal Background Information - WASHINGTON - The U.S. Equal Employment Opportunity Commission...more

“Ban-the-Box” and Beyond: Employers That Do Business In or Contract with the City of San Francisco Should Review Sweeping...

On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more

Background Checks: Not Over until It’s Over!

In all the hoopla over the victory of the employer in EEOC v. Freeman (USDC, MD, Case No. RWT 09-cv-2573) it may have escaped some people that on November 7, 2013 the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

2013 Legislative Developments - Reference Guide

In this Reference Guide: - Wage/Hour Legislation - Prevailing Wage Legislation - Anti-Retaliation Legislation - Employee Leave Legislation - Discrimination/Harassment Legislation -...more

Texas Challenges EEOC's Regulation On The Use Of Criminal Background Checks In The Employment Application Process

On November 4, 2013, the State of Texas filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) regarding the agency's April 2012 guidance on the use of criminal background checks in the employment...more

Colorado’s New Credit Background Check Law to Go Into Effect on July 1, 2013

Colorado recently passed a new law regulating an employer’s use of credit background checks for applicants and employees. The new law goes into effect on July 1, 2013....more

Minnesota Joins a Handful of Other States and Cities to "Ban the Box" for Private Employment

On May 13, 2013, Minnesota's governor signed S.F. 523 to preclude private employers from asking job applicants about their criminal history on the initial job application and from making such inquiries until the applicant has...more

Hospitality Update, No. 1, March 2013: "And By The Way, Are You A Criminal?"

Getting the answers, without violating the new EEOC guidelines - According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background...more

N.J. Legislature Introduces Legislation Imposing Restrictions on Pre-Employment Inquiries into Criminal History of Applicants

In February 2013, identical bills aimed at reducing pre-employment discrimination against individuals with criminal histories were introduced in the New Jersey Senate and the New Jersey Assembly (S2586 and A3837). Both bills...more

New Federal Agency Rings In The New Year With New FCRA Background Check Forms

Employers that use third parties to perform background checks on applicants or employees must start using new Fair Credit Reporting Act (FCRA) forms immediately. The new Consumer Financial Protection Bureau, which is...more

Is Your Company Using the Right Form for Background Checks?

The Consumer Financial Protection Bureau (the “Bureau”) has taken over rulemaking and enforcement responsibilities for the Fair Credit Reporting Act (“FCRA”) and has updated an important FCRA form that employers must use when...more

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