News & Analysis as of

Criminal Background Checks Ban the Box

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

California Employers Will Soon See New Workplace Regulations Take Effect - Rules On Transgender Discrimination And Criminal...

by Fisher Phillips on

In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more

Los Angeles Ensures Employees Know Their Rights. Employers, Take Notice.

by Lewitt Hackman on

If Los Angeles was a person rather than a city, you could practically hear her telling employers, “It’s ON.” The warning comes by way of a massive ad campaign to remind members of the working public they have certain...more

CLIENT ALERT: 2017 Criminal Background Laws

More and more employers in California are becoming subject to legal restrictions on the use of criminal history information when making employment decisions. The City of San Francisco passed the Fair Chance Ordinance, which...more

Best practices for Oklahoma employers when inquiring about criminal histories

by McAfee & Taft on

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record....more

The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Indiana Senate Bill 312 (the “Bill”) provides, among other things, that a political subdivision of the state, including a municipality, may not prohibit an employer from obtaining or using criminal history...more

Update: City of Los Angeles “Ban the Box” Ordinance Guidance and Forms Published

In January, we issued an advisory about the Los Angeles Fair Chance Initiative for Hiring Ordinance, referred to as a “Ban-the-Box” initiative, which took effect on January 22, 2017, restricting inquiries into criminal...more

"Who Can It Be Now?" New York Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction

by Littler on

On May 4, 2017, the New York Court of Appeals answered who may be liable under the state’s fair employment law for discrimination based on an individual’s conviction record. The opinion in Griffin v. Sirva, Inc. is...more

Indiana Legislature Bans “Ban the Box” Ordinances

Some cities and counties across the country have enacted local ordinances restricting the ability of employers to inquire into the criminal histories of applicants during various stages of the job application process. (These...more

WPI State of the States — Legislative Proposals Are Taking Root

by Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

California's New Criminal Background Check Regulations to Go Into Effect July 1, 2017

by FordHarrison on

California’s Department of Fair Employment and Housing (DFEH) recently enacted regulations that impose additional burdens on employers’ use of criminal background checks in employment decisions. The new regulations are...more

New Changes to Massachusetts Regulations on Criminal History Checks

by Littler on

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law. CORI refers to the database of criminal information maintained by the Department of Criminal...more

Update: Los Angeles "Ban-the-Box" Legislation

by Payne & Fears on

In January, we issued an Employment Alert regarding Los Angeles's new "Ban-the-Box" law, known as the Los Angeles Fair Chance Initiative for Hiring, which went into effect on January 22, 2017. The law restricts inquiry into...more

An Overview of Ban the Box Laws in California

Individuals with criminal records unquestionably have a more difficult time obtaining gainful employment than individuals without criminal records. In fact, in a 2007 study, only approximately 40 percent of employers in four...more

Changes to Massachusetts CORI Regulations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Massachusetts Department of Criminal Justice Information Services recently amended the provisions of the Commonwealth’s CORI regulations that govern how employers conduct criminal history checks. ...more

The California Edition of the Employment & Labor Newsletter - April 2017

by Wilson Elser on

Exceptions to California’s “Going and Coming” Rule - In Lynn v. Tatitlek Support Services, Inc., E063585, Super.Ct.No. CIVBS1200525, 2/22/17, the plaintiffs appealed a summary judgment at the California Court of Appeal...more

State of the States — Legislative Action Heats Up

by Littler on

As we turn the calendar to April, state legislatures are starting to hit their stride. Bills introduced earlier this year continue to advance, with more than 400 labor and employment-related measures remaining under...more

New Regulations Limit California Employers’ Consideration of Criminal History

by Seyfarth Shaw LLP on

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

Checking In on Background Checks

by Zelle LLP on

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

by Holland & Knight LLP on

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

by Littler on

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

by Fisher Phillips on

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

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