Criminal Background Checks Ban the Box

News & Analysis as of

Employers Take Note: Employment Applications Must Comply With "Ban the Box" Legislation by January 1, 2017

If you have not already done your “Ban the Box” revisions to your initial employment application paperwork there is still time, but do not delay! Effective January 1, 2017 Connecticut prohibits employers from asking about a...more

New Background Check Requirements for California Transportation Network Companies

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

Los Angeles Moves Toward Prohibiting Criminal Conviction Inquiry Prior to Job Offer

Consistent with a national trend, the Los Angeles City Council’s Economic Development Committee voted last week in favor of a new law prohibiting most employers from inquiring about a job applicant’s possible criminal history...more

Portland, Oregon, Issues Rules Implementing ‘Ban the Box’

The City of Portland has issued administrative rules to the “Removing Barriers to Employment,” its ordinance aimed at removing job barriers for individuals with criminal records (Chapter 23.10 of the Portland Municipal Code)....more

California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes.  The...more

Update on the Employment Application Process and Background Checks

Now that Massachusetts has barred its employers’ from asking job applicants about salary information, and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and...more

Without a Box to Stand on: States May Lack Right to Fight EEOC Criminal History Guidance After All

As our readers are likely aware, ordinances have been adopted in recent years in numerous jurisdictions limiting an employer’s ability to inquire about a job applicant’s criminal background. These so-called “Ban the Box”...more

Will “ban the box” backfire?

Ever since the Equal Employment Opportunity Commission updated its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions in 2012, many state and local jurisdictions have adopted...more

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal...

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

Connecticut and Vermont to Ban the Box in 2017

Beginning in 2017, Connecticut and Vermont will become the eight and ninth states to “ban the box” for private employers: Connecticut - Effective January 1, 2017, Connecticut employers will be prohibited from...more

Connecticut’s Ban-the-Box Legislation Becomes Law: Have You Revised Your Company’s Job Application?

On June 1, 2016, Connecticut Governor Dannel Malloy signed into law Public Act No. 16-83, entitled “An Act Concerning Fair Chance Employment” (the “Act”). The lynchpin of the Act is that it prohibits an employer from...more

Going For the Gold: How To Legally Recruit The Best Candidates

This summer the world’s greatest athletes are competing for Olympic gold. In order to win, these athletes must follow a strict set of rules to prevent deductions and disqualifications. When employers compete for the best...more

Employment Legislation Summary: 2016 Session - Connecticut General Assembly

In its 2016 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2016. The following material summarizes these new laws, but the...more

Connecticut Becomes the Ninth State to “Ban the Box”

On June 1, 2016, Connecticut Governor Dannel Malloy signed Public Act No. 16-83, “An Act Concerning Fair Chance Employment” (“Act”), making Connecticut the ninth state—after Hawaii, Illinois, Massachusetts, Minnesota, New...more

Portland’s Ban-the-Box Law Takes Effect, Administrative Rules Provide Clarity

Portland, Oregon’s ban-the-box law, the Removing Barriers to Employment Ordinance, took effect on July 1, 2016. The ordinance prohibits most Portland employers from asking about an applicant’s criminal history or conducting a...more

Portland, Oregon’s More Restrictive “Ban the Box” Ordinance

Portland, Oregon’s new “ban the box” ordinance went into effect on July 1, 2016. We blogged about Oregon’s statewide “ban the box” law here. Portland’s new ordinance is more restrictive and prohibits covered employers from...more

The Employment Law Authority - May/June 2016

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more

Client Alerts Connecticut Bans (Another) Box, Expanding Protections for Applicants With Criminal Backgrounds

Seyfarth Synopsis: Connecticut amends its “ban the box” law with regard to employers and modifies technical requirements for consumer reporting agencies. The law is an expansion of Connecticut’s current law, and places...more

Connecticut Passes Ban-the-Box Legislation

On June 1, 2016, Connecticut Governor Dannel P. Malloy signed into law a “ban-the-box” statute, which will take effect on January 1, 2017. The law, “An Act Concerning Fair Chance Employment,” Public Act No. 16-83, prohibits...more

Connecticut Joins Ban the Box Movement

Connecticut has joined the “Ban the Box” movement, becoming the most recent state in the nation to implement statewide legislation prohibiting employers from making inquiries into an applicant’s criminal history on job...more

Austin, TX Becomes Latest City to Ban the Box for Private Employers

Austin, Texas recently became the latest city to “ban the box” for private employers. Under the new law, Austin employers with 15 or more employees may not require an applicant to disclose his or her criminal history prior...more

Connecticut Becomes the Third Jurisdiction in 2016 to "Ban the Box"

On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more

Louisiana Legislature Passes “Ban the Box” for State Employers

Louisiana is anticipated to become the latest state to enact state-wide protections for applicants with criminal backgrounds under the well-known “ban the box” movement. The bill, HB 266, recently passed both houses of the...more

Trends In the “Ban the Box” Movement: Recent Developments In City Ordinances

Seyfarth Synopsis: As cities across the nation adopt “ban the box” legislation that regulates private employers’ ability to inquire into applicants’ and employees’ criminal histories, employers face a nuanced gauntlet of...more

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