Criminal Background Checks

News & Analysis as of

Criminal Background Checks: Banning the Box in Los Angeles

Los Angeles City is on its way to approve a new Ordinance prohibiting employers with 10 or more employees from including on any application for employment any question that seeks the disclosure of an applicant’s criminal...more

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

California Enacts New Employment Laws for 2017

California Governor Jerry Brown concluded the 2016 Legislative Session by signing several bills affecting employment relationships. Listed below are those bills that perhaps most critically impact your daily operations. ...more

Legislative Developments Affecting California Employers in 2017 and Beyond

This year has brought many changes that will impact all California employers. This annual report from Greenberg Glusker’s Employment Department summarizes some of the most important employment law developments that will...more

Assembly Bill 1843 Prohibits Employers from Inquiring about Juvenile Convictions or Using Juvenile Proceedings In Employment

Effective January 1, 2017, Assembly Bill 1843 prohibits hiring-related inquiries concerning juvenile convictions or from using information regarding juvenile court actions or custodial detentions as a factor in determining...more

Employment Law Commentary - Volume 28, Issue 10

Annual California Legislative Roundup - Now that the dust has settled on the California 2016 legislative session, it is once again time to round up and review the new laws impacting California employers. Although there...more

Issues in Interviewing: The Right Way to the "One"

The candidate interview is one of the most vital components in the hiring process. Accordingly, it involves the most forethought and planning. As an employer, you will interview a whole host of applicants to find the...more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Independent PAC Spending on Legislative Races Nears $500,000 - Political Action Committee and...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

Don’t Get Caught By Surprise: NMLS Adds New Requirements in Connection with Renewal

If a company is keeping its Nationwide Multistate Licensing System (NMLS) record current, the renewal season should be a relatively painless exercise in fee collection. However, in addition to the normal renewal housekeeping...more

Workplace Policy Institute Insider Report - October 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The October edition of the Insider Report examines what Congress...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

2016 California Labor and Employment Legislation Update: It’s Final!

Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more

The Texas Two-Step: Fifth Circuit Withdraws Ruling that Allowed Texas to Proceed with EEOC Background Check Lawsuit

The legal showdown between the State of Texas and the Equal Employment Opportunity Commission (EEOC) over the agency’s background check guidance took another turn on September 23, 2016, when the Fifth Circuit Court of Appeals...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

California Prohibits Employers from Considering Juvenile Criminal Convictions

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although...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

NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready...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

Employees Do the Strangest Things

The police in Taylor (a small town outside of Scranton) have charged a man with stealing $3,000 from his employer. That may not sound too crazy until you dig a little deeper. He stole $3,000 in PENNIES. Robert Napolitan was...more

2016 California Labor and Employment Legislation Update: The End (of Session) Is Near…

The California Legislature adjourned in the wee hours yesterday, Wednesday, August 31st, having reviewed over 100 bills in the single day, bringing the second half of the 2015-2016 Legislative Session to a close. Several...more

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