Ban the Box

News & Analysis as of

Legal Issues Business Leaders Need to Know in 2017

Expanding wage and hour obligations will continue to be a top concern for employers in 2017. As most employers are aware, in May 2016, the United States Department of Labor issued its long-awaited final rule regarding the...more

Checking In on Background Checks

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

2018: California Employment Laws on the Horizon

Are you finally caught up on all of the new California laws taking effect in 2017? Then begin preparing for 2018 because the California legislature has been busy drafting another set of employment related laws. Here is a...more

Food and Beverage Law Update: March 2017

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

California Lawmakers Introduce Statewide Ban-the-Box Law

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

New Year, New Ban-The-Box Laws

2017 is shaping up to be a year of continued growth for ban-the-box laws nationwide. It’s time for employers to get creative and develop strategies for hiring outside “the box. ”Ban-the-box laws are aimed at delaying the...more

California Further Limits Use of Criminal Background Information

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are...more

Will South Carolina Ban the Box?

In prior posts, we have noted that HR professionals should acknowledge the tension between making hiring decisions based on an applicant’s criminal history and avoiding Title VII liability, if refusing to hire certain...more

Los Angeles Issues Rules and Regulations Implementing ‘Ban the Box’ Legislation

The Los Angeles Fair Chance Initiative for Hiring Ordinance (“FCIHO”) went into effect on January 22, 2017. The Bureau of Contract Administration (BCA), the Designated Administrative Agency responsible for enforcing the...more

Red State Preemption Of Local Pay Equity Laws? — Stay Tuned

Seyfarth Synopsis: The 2016 elections had the effect of hardening the Red-Blue divide in the country. A number of Blue cities in Red States are enacting ordinances that implement the progressive political agenda, which of...more

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

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

California Legislative Update: 2017–18 Session Sees Several Employment-Related Bills

The California legislature is off to a quick start with a large number of labor and employment law proposals. Currently, 71 bills propose to amend the California Labor Code, and several additional bills seek to modify...more

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

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

New Los Angeles Regulations Provide Clarity on Ban-the-Box Directives

The Los Angeles Department of Public Works Bureau of Contract Administration published Rules and Regulations (“Regulations”) to assist employers in Los Angeles—including city contractors and subcontractors—with implementing...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

UPDATE: Los Angeles Ban the Box - New Individualized Assessment and Reassessment Form

Seyfarth Synopsis: The City of Los Angeles recently issued its Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the...more

California Employers Are Subject to New Requirements When Using Criminal History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

Hiring and Firing in Los Angeles: Fair Chance Initiative Update

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

Friday Compliance News Flash

This is the first in a series of Friday news flashes – five short legal compliance matters you should know about that may help your organization. 1. Know Before Your Hire: 2017 Employment Screening Trends – Roy Maurer...more

Guidance From the City of Los Angeles: New Ban the Box Regulations

Seyfarth Synopsis: The City of Los Angeles recently issued its anticipated Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on...more

State of the States: Legislatures are off to the Races!

Most state legislatures are back in session, and they are poised to address a wide range of labor and employment issues this year. Since January 1, 2017, more than 500 employment-related bills have been proposed in more than...more

Background (Credit) Checks Under Attack

D.C. joins 11 other jurisdictions (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington) in banning employers’ use of employees’ or applicants’ credit...more

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

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

New Orleans Mayor Issues Executive Order Restricting City Departments From Inquiring Into An Applicant’s Salary History

New Orleans Mayor, Mitch Landrieu, has issued an executive order that bans questions about salary history during the application processes for City positions. The executive order is effective January 25, 2017 and is similar...more

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