Criminal Records

News & Analysis as of

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia's governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a "Program and Treatment...more

Act Now Advisory: San Francisco's Fair Chance Ordinance - New Workplace Law Regulates Criminal Background Inquiries

This last month, San Francisco joined several cities and states by adopting "ban the box" legislation called the Fair Chance Ordinance ("Ordinance"), which limits the timing and scope of inquiries into an applicant's or...more

Moss v Eagleston [2014] NSWSC 6

In Moss v Eagleston [2014] Mr Moss supplied information to Nationwide News Pty Ltd about his criminal background and association with Shapelle Corby. Mr Moss then sued Nationwide News, alleging they had breached a contractual...more

Fenwick Employment Brief - March 2014

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

San Francisco Enacts Ordinance Restricting Employers’ Ability to Ask About and Use Criminal History

Effective Aug. 13, 2014, a new San Francisco ordinance prohibits private employers and city contractors from asking job applicants about their criminal history until after the first interview. The Fair Chance ordinance also...more

Reminder: North Carolina Law Now Prohibits Employer Inquiries About Expunged Criminal Records

Under the recently enacted Senate Bill 91 (effective December 1, 2013), North Carolina employers now are prohibited from requiring job applicants to disclose information (in interviews, on applications or otherwise)...more

San Francisco Employers – Heads Up, New Rules Governing The Use of Criminal Records

It’s already hard enough for California employers to keep track of and comply with the myriad federal and state background check laws. There’s California’s Investigative Consumer Reporting Agencies Act (ICRAA), California...more

“Ban-the-Box” and Beyond: Employers That Do Business In or Contract with the City of San Francisco Should Review Sweeping...

On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more

“Ban the Box” Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries

On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability for...more

Quirky Question #218, Minnesota Ban-The-Box

We are a private employer in the State of Minnesota and are expanding rapidly. In years past, we have received hundreds, sometimes thousands, of applications for each position advertised. In an effort to increase efficiency...more

EEOC Provides Clarification on Use of Criminal History Information in Hiring Decisions

What are the requirements for employers that use criminal history information in making employment decisions? Are employers required to take on the onerous task of individually assessing applicants to ensure that they do not...more

Will New Jersey Go “Ban The Box” And Beyond? New Jersey Takes Step To Prohibit Employers From Asking About A Job Applicant’s...

Recently, in a 6-3 vote, New Jersey’s Assembly Labor Committee advanced a bill (A-3837), known as the Opportunity to Compete Act, that would prohibit New Jersey employers with 15 or more employees from asking candidates about...more

Ringing in the New Year: A Summary of New California Employment Laws for 2014

California’s 2012-2013 Legislative Session concluded with the enactment of a variety of new laws that will affect California employers. In light of these developments, summarized below, California employers should review...more

Flurry of New California Employment Statutes Continues

The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

California Further Restricts Employer Use of Prior Convictions in Hiring Decisions

On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. The new law takes effect January 1,...more

New Seattle Job Assistance Ordinance Limits Employers' Reliance on Criminal Records

Seattle employers are about to become much more restricted in their ability to inquire into or act upon the criminal records of applicants and employees. On November 1st, the Seattle Job Assistance Ordinance, SMC 14.17, takes...more

Ready For The November 1st New Job Assistance Ordinance In Seattle? Here's A Checklist For Criminal Background Check Compliance...

November 1, 2013 marks the start of new restrictions on Seattle employers’ use of criminal background checks for employment purposes. The Job Assistance Ordinance forbids employers from requiring job applicants to disclose...more

Seattle’s Criminal Background Check Ordinance and New Rules Take Effect Nov. 1, 2013

Seattle’s new criminal background check ordinance goes into effect Friday, Nov. 1, 2013. In anticipation, the Seattle Office for Civil Rights (“SOCR”) recently issued rules implementing the new law. The ordinance restricts...more

New California Laws Restrict the Discretion Employers Have to Inquire Into and Use Criminal Record Information

On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 ...more

N. C. Employers Barred From Asking About Expunged Criminal Records

Soon, employers in North Carolina no longer will be allowed to ask potential employees about arrests, criminal charges, or convictions that have been expunged. A new law takes effect on December 1, 2013, and prohibits...more

Rhode Island Employers May No Longer Ask About Criminal Convictions On Employment Applications

Rhode Island has joined a growing number of states that prohibit employers from inquiring on job applications about applicants’ criminal histories. Previously, Rhode Island law prevented employers from asking about arrests...more

Texas Amends Provision Governing Use of NMLS

Texas has added provisions to its Financial Code granting the Texas Office of Consumer Credit Commissioner (the Commissioner) new authority over financial service industry licensees....more

New Illinois Law Gives Employers Incentives To Hire Ex-Offenders And Allows Ex-Offenders To Seal Criminal Records

Illinois Governor Pat Quinn recently signed a bill into law that gives employers greater financial incentives to hire persons with criminal records and makes it easier for ex-offenders to seal or expunge their criminal...more

Legislative Update

Construction legislation in the 2013 session was much different from 2011. In 2011 many new construction related laws were passed including governance of indemnities and mechanic’s liens. In 2013 many significant...more

Seattle Increases Oversight of Employer Hiring Processes with Council Bill 117796

On June 10, 2013, the Seattle city council unanimously passed Council Bill 117796, which Mayor Mike McGinn signed into law on June 20, 2013. The provision, which takes effect on November 1, 2013, will dramatically impact the...more

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