Criminal Background Checks

News & Analysis as of

New Regulations Limit California Employers’ Consideration of Criminal History

Seyfarth Synopsis: The California Fair Employment and Housing Council (“FEHC”) has approved new regulations, effective July 1, 2017, to limit employers’ use of criminal history when making employment decisions....more

Labor & Employment E-Note - March 2017

If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v.Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1...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

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

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

Will Austin Come Crawling Back To Uber And Lyft?

The sharing economy has become so entrenched in our vocabulary and culture, it’s hard to remember when exactly the romance began. For Uber, the story started on a “snowy Paris evening in 2008” when two tech dudes had trouble...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

Recruitment and Wage and Hour Law in Ontario

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...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

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 FEHC Regulations Limit Use of Criminal History for Employment Decisions

The Fair Employment and Housing Council has finalized new regulations that will further limit employers’ ability to consider criminal history when making employment decisions. The new regulations are scheduled to take effect...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

Compliance News Flash

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

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

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...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

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

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