Criminal Background Checks

News & Analysis as of

HIPAA Modified in Tandem with Executive Action on Gun Control: Much Ado About Narrow Permissive Reporting Requirements

On January 6, 2016, the Office for Civil Rights (“OCR”) within the federal Department of Health and Human Services (“HHS”) issued a final rule to modify the Health Insurance Portability and Accountability Act of 1996...more

New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law

As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire...more

Pennsylvania Court Rules Background Screening Law Unconstitutional

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...more

Ban on Hiring Health Care Workers with Criminal Histories Rejected by Pa. Appellate Court

A Pennsylvania appellate court has ruled that health care providers providing older adult protective services (nursing homes, long term care facilities and home care agencies) are no longer prohibited from employing...more

Global Immigration Law Updates

The Global Immigration Group at Cohen & Grigsby would like to make you aware of the following changes in global immigration practice and regulation: UNITED STATES PASSPORTS As of December 31, 2015, the U.S. State...more

CFTC Proposes Alternative to Fingerprinting Requirement for Foreign Individuals

The Commodity Futures Trading Commission has proposed to amend Regulation 3.21 to provide an exemption for the fingerprinting requirements for an individual who is a principal or associated person of a registrant, if such...more

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more

HIPAA Privacy Rule Amendment will Permit Very Limited Reporting of Mental Health Information to the NICS

An amendment to HIPAA’s privacy rules will allow a limited subset of covered entities (such as, potentially, state agencies) to disclose information to the National Instant Criminal Background Check System (NICS)....more

New Jersey’s New “Ban the Box” Regulations – Not too Bad?

Over the past five years, many cities, counties, and states have passed so-called “ban the box” laws – a trend that HR Legalist has been following in prior blog posts. In their most basic form, these laws require employers to...more

OPM, Ban the Box and Background Checks

On December 15, the Office of Personnel Management (OPM) published in the Federal Register a notice listing its priorities. Under “Suitability” on page 77883 of the Federal Register, OPM states that they will be “proposing...more

Oregon Limits Criminal Background Inquiries by Employers

Oregon became the seventh state to ban the box for private employers, prohibiting any questions about criminal background on employment applications and at any time before an initial interview takes place. Oregon’s law took...more

More Clarity on New Jersey’s Ban the Box Law: Department of Labor’s Final Regulations and Guidance, Effective Immediately

The New Jersey Department of Labor and Workforce Development issued its final regulations, effective immediately on December 7, 2015, clarifying the requirements of the state-wide ban-the-box law, also known as the...more

New Jersey's Department of Labor Issues New Rules Regarding "Ban the Box"

On December 7, 2015, the New Jersey Department of Labor and Workforce Development (the “NJDOL”) promulgated a set of regulations to enforce and more specifically define the restrictions contained in the State's "Opportunity...more

Ban the Box 2.0: Philadelphia Upgrades Its Fair Criminal Records Screening Standards Ordinance

On December 15, 2015, Philadelphia passed an upgrade of its “ban the box” law, the Fair Criminal Records Screening Standards Ordinance. In 2011, Philadelphia led the pack by becoming the first U.S. city to pass an ordinance...more

Ban the Box Update Round Up: Portland, Philadelphia and New Jersey

The past several weeks have seen a flurry of “ban the box” developments, including: ..The passage of a law in Portland, Oregon banning the box for private employers; ..The passage of amendments expanding the ban the...more

New York City Joins a Growing Chorus of Cities and States that Believe in Second Chances: What Does the New “Ban the Box”...

The New York City Fair Chance Act (the “Act”) went into effect on October 27. With the Act in place, New York City is one of a growing number of cities and states to implement so-called “ban the box” legislation, which...more

New York City ‘Ban the Box’ Law Restricts Employers’ Use of Criminal History

New York City has, in recent months, adopted legislation limiting the information that employers can seek out and use in employment decisions. The “Fair Chance Act,” which went into effect October 27, is the most recent of...more

Employers: Check the law before checking an applicant's background

A new hire is always a risk. There is concern that a new employee may not be a good fit or as qualified for the job as expected. Worse, the new hire could be a significant safety or liability risk. A poor hiring decision can...more

New Jersey Adopts Ban-the-Box Regulations

On December 7, 2015, the New Jersey Department of Labor and Workforce Development (“DOL”) adopted regulations (“Regulations”) regarding the state’s Opportunity to Compete Act (“OTCA”), also referred to as New Jersey’s...more

University Revises Transfer Policies In Effort To Combat Campus Sex Assault

One Title IX issue that has received considerable attention over the past several months is how colleges and universities should assess the student conduct records of students interested in transferring onto campus. Putting a...more

Employers, Handle With Care: Philadelphia Gives Added Protections to Job Applicants with Criminal Histories

On December 15, 2015, Mayor Michael Nutter signed off on several amendments to Philadelphia’s 2012 Fair Criminal Records Screening Standards Ordinance. The 2012 Ordinance was enacted to prevent discrimination against job...more

Philadelphia Enacts Sweeping Changes to City’s Ban-the-Box Law

On December 15, 2015, Philadelphia Mayor Michael Nutter signed far-reaching amendments to the city’s “Ban the Box” law, the Philadelphia Fair Criminal Records Screening Ordinance (“the Ordinance”). In enacting the amendments,...more

Mayor Nutter Signs Bill Strengthening “Ban the Box” Law

Philadelphia Mayor Michael Nutter yesterday signed a bill amending the Fair Criminal Screening Standards Ordinance. The original law, which went into effect on January 13, 2012, made it unlawful for organizations with 10 or...more

“Ban the Box” Packs More Punch in Philadelphia Under New Amendment

Since 2012, the Fair Criminal Screening Standards Ordinance has prohibited most employers within the city of Philadelphia from asking about criminal convictions on job application forms. Under revisions to the so-called “Ban...more

Philadelphia Restricts Pre-Offer Criminal Record Screenings

By amending relevant sections of the Philadelphia Code, the City of Philadelphia has further limited employers’ ability to conduct criminal background screenings during the hiring process....more

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