News & Analysis as of

Criminal Background Checks

Rules Interpreting NYC “Ban the Box” Law Take Effect on August 5, 2017

by Davis Wright Tremaine LLP on

Earlier this year, the New York City Commission on Human Rights (the “Commission,” or “NYCCHR”) promulgated a set of rules (the “Rules,” available here) relating to employers’ duties under the Fair Chance Act (the “FCA,” or...more

Four hot mid-year topics in California employment law

by Thompson Coburn LLP on

As California sizzles under scorching temperatures, state and local governments have turned up the heat on employers. Employers should be aware of and make sure they are in compliance with important legislative changes...more

San Francisco-Peculiarities: The City’s Ultra-Unique Employment Landscape

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As if high rent and California’s peculiar laws were not enough to worry about, San Francisco employers must also comply with City-specific ordinances. Trailblazing City requirements often exceed state laws...more

A Ban on Ban-the-Box Laws? Texas and Indiana Introduce Legislation That Would Prohibit Municipal and County Ban-the-Box Laws...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In recent years, numerous cities and counties have enacted ordinances restricting the ability of public and private employers to inquire into the criminal histories of applicants during various stages of...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

NYC Commission On Human Rights Finalizes Agency Rules And Regulations Regarding The Fair Chance Act

by Fox Rothschild LLP on

As discussed in our prior alert in 2015, New York City enacted the Fair Chance Act (FCA), which, subject to limited exceptions, prohibits private employers from seeking information from job applicants regarding their past...more

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

by Littler on

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

Reminder: Effective July 1, 2017: California Regulations Limiting Use of Criminal Background Information

by Davis Wright Tremaine LLP on

Earlier this year, we issued a client Advisory concerning the California Fair Employment and Housing Council’s new regulations regarding the use of criminal history for employment purposes. The new regulations took effect...more

“Ban the Box” and Background Checks – Recent Trends and Movements

Retailers and other employers regularly consider the backgrounds of job applicants and employees when making personnel decisions. It is not illegal for employers to ask questions about an applicant’s criminal history, or to...more

Endless Summer: California Municipalities Continue to Enact A Variety of Employment Laws

by Littler on

Beyond the labor and employment developments taking place at the state level in California, employers must keep an eye on breaking news at the local level as well. In recent years, municipalities up and down the coast have...more

California Places New Limits on Employer Use of Criminal History

by Ervin Cohen & Jessup LLP on

New regulations issued by the California Fair Employment and Housing Council (FEHC) impose additional limitations on an employer’s use of criminal history information, and expand the types of criminal history that employers...more

California Joins the Ban-the-Box Bandwagon

California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions concerning an applicant or employee’s criminal convictions will now be subject to the new regulation... That regulation...more

Connecticut Independent Schools Required to Perform Background Checks on Potential Employees Effective July 1, 2017

by Shipman & Goodwin LLP on

In 2016, Connecticut passed legislation that significantly expanded the scope of background check requirements for public schools when hiring new employees. That law, colloquially referred to as the “Pass the Trash” bill,...more

Reminder: Vermont ‘Ban The Box’

by Jackson Lewis P.C. on

Vermont’s Ban the Box law became effective on July 1, 2017, more than a year after Governor Peter Shumlin signed H. 261. The law prohibits an employer from requesting “criminal history record information,” including...more

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Reminder: New California Employment Regulations Go into Effect July 1

by Morgan Lewis on

Employers with employees in California should review policies and practices regarding consideration of criminal history in employment decisions as well as protections on the basis of gender identity, gender expression, and...more

Federal District Court Holds Employer to its Promise in FCRA “Pre-Adverse Action” Notice

by Littler on

The U.S. District Court for the Eastern District of Wisconsin recently held that an employer potentially violated the Fair Credit Reporting Act (FCRA) when it provided the employee with three days to dispute information...more

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

by Holland & Knight LLP on

New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

No Summer Break for Employers: New Duties Start July 2017

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Just when you thought it was safe to relax for the summer, California is giving employers four new reasons to keep on their toes. Laws going into effect on July 1, 2017, will address (1) domestic violence,...more

Are You Ready For Important California And City Of Los Angeles Regulations Effective July 1, 2017?

by Jackson Lewis P.C. on

Both California and the City of Los Angeles have enacted regulations effective July 1, 2017 governing employer use of applicant and employee criminal history in making employment decisions. Below we summarize these upcoming...more

July Is the New January: Beware of Employment Regulations About to Take Effect

by Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

New Criminal History Hiring Regulations for California Employers

by Carlton Fields on

Employers hiring in California must be aware that on July 1, new California Fair Employment and Housing Council regulations take effect, limiting use of criminal history when making employment decisions. Every nationwide...more

New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

by Nossaman LLP on

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment...more

California Legislative Update: Several Labor and Employment Bills Passed in the Assembly

Several California labor and employment law bills passed in the state assembly or senate before the June 2, 2017, legislative deadline. The legislature now has until September 15, 2017, to pass these bills in the second...more

Golden State Worriers: California Labor & Employment Bills to Watch

by Littler on

When it comes to legislation, for California employers it's the final countdown. June 2 was the last day for bills to pass out of their house of origin. September 15 is the deadline for these bills to pass both legislative...more

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