Criminal Background Checks

News & Analysis as of

D.C.’s “Ban the Box” Law Takes Effect, OHR Issues Notice of Rights

D.C.’s Fair Criminal Record Screening Act of 2014 took effect on December 17. The new law prevents employers with 11 or more employees in D.C. from making any criminal inquiries on an initial employment application (i.e.,...more

Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

UBER: Is it Safe?

Uber hires “independent contractors” to serve as drivers, while it’s software (in particular, it’s cell phone apps) serves as the dispatch center and handles payment. It is an innovative use of technology, and it has been...more

Maryland’s Montgomery County Enacts Ban-the-Box Legislation

On November 10, 2014, the County Executive of Montgomery County, Maryland, Isiah Leggett, signed county-wide ban-the-box legislation passed by the County Council on October 28, 2014 (Bill No. 36-14) (“Act”). The Act amends...more

2014 Employment and Labor Law Final Exam Answer Key

Thank you to everyone who participated in this year’s Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to Margi Fleming and Danisha Sheppard. Both Margi and Danisha will...more

Employment and Immigration Issues Facing Banks

EMPLOYMENT ISSUES - 1. No compensation for compensable work - Many banks—including large, sophisticated banks—are facing class action lawsuits for not compensating non-exempt employees for compensable work....more

San Francisco's OLSE Issues "FAQs" On Fair Chance Ordinance

Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 ("the...more

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

NYC Council Debates Expansive “Ban the Box” Bill

A couple of months ago, we blogged about the New York City Council’s general support for a proposal that would effectively ban credit checks in hiring and other personnel decisions. As the council continues to debate credit...more

FAQs About the New Jersey Opportunity to Compete Act (aka New Jersey’s “Ban the Box” Law)

New Jersey’s Opportunity to Compete Act (also known informally as the New Jersey “ban the box” law), N.J.S.A. 34:6B-11 et seq., goes into effect on March 1, 2015. The new law restricts most employers’ ability to request...more

Prince George’s County “Bans the Box”

Add another locality to the growing list that have “banned the box” for private employers. Starting January 20, 2015, employers with at least twenty-five full-time employees in Prince George’s County (MD) can no longer ask...more

Congress Acts To Help Employers That Are Compelled By State Or Local Laws To Exclude Employees With Certain Criminal Histories

Employers across a number of industries are required by state or local laws to exclude from their workforce employees with certain criminal backgrounds. For example, Ohio state law prohibits school districts from employing...more

City of Columbia Is First in Missouri to Approve “Ban the Box” Legislation

In keeping with the “ban the box” legislative trend, the Columbia City Council unanimously passed a “ban the box” ordinance on December 1, 2014. The ordinance, which went into effect immediately, prohibits public and private...more

Columbia, Missouri Joins “Ban the Box” Trend

Columbia, Missouri is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on an employment application. The law, which took effect on December 1, 2014, only allows...more

San Francisco Issues Guidance for Employers and Contractors on Fair Chance Ordinance

San Francisco has posted FAQs explaining key provisions of the city’s so-called Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014. The Ordinance “bans the box,” prohibiting most private employers and...more

Understanding "Ban the Box" Laws

“Ban the Box” is a national civil-rights movement backed by advocates for job applicants with criminal convictions. Proponents of these laws believe that expanding employment opportunities for individuals with criminal...more

2014 Employment and Labor Law Final Exam

It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess....more

Four New Laws Within 40 Miles: The Washington, DC Area Accelerates the "Ban-the-Box" Movement

The Washington, DC area has become the leading edge of the "ban-the-box" movement, with four new ban-the-box laws applicable to private employers enacted in the past six months. Baltimore, Maryland, started the trend when...more

Caught Between Laws: Challenges for Health Care Providers in Using Criminal History Information in Employment Decisions

In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers....more

FTC Issues Another Guide on Background Checks

As we reported in our prior alert, in March of this year, the Federal Trade Commission (“FTC”) issued a short brochure—Background Checks: What Job Applicants and Employees Should Know—on the use of background checks in hiring...more

Montgomery County “Bans the Box”

Montgomery County, Maryland is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on the initial employment application....more

The Old (Law) is New Again: Plaintiffs Increasingly Using Old Pennsylvania Law to Challenge Background Check Decisions

In a climate of increased national scrutiny regarding employer use of criminal background screening, plaintiffs are turning to a provision in the Pennsylvania Criminal History Record Information Act (CHRIA), 18 Pa.C.S. §...more

Terminating an Employee for Not Fully Disclosing His Criminal History in an Application for Employment Did Not Violate the...

In McCorkle v. Schenker Logistics, Inc., 2014 WL 5020598 (M.D. Pa. October 8, 2014), the court held that terminating an employee for not fully disclosing his criminal history, as requested in an employment application, did...more

Gavel to Gavel: A tiger by the tail

Back in school, I recall reading the short story The Lady or the Tiger? It’s about a woman made to choose between two fates for her would-be husband, neither of which was particularly pleasant. What she would choose is left...more

Court OKs Revocation of Job Offer Based on Applicant’s Failure to Disclose Criminal History

Earlier this month?, the Middle District of Pennsylvania ruled that the Pennsylvania Criminal History Record Information Act (“CHRIA”) does not prohibit an employer from refusing to hire an applicant based upon the...more

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