News & Analysis as of

Criminal Records

New Regulations Further Limit Use of Criminal History for Employment Decisions

by Jackson Lewis P.C. on

Effective July 1, 2017, new regulations will further limit employers’ ability to consider criminal history when making employment decisions. On March 27, 2017, the Office of Administrative Law approved the Fair...more

California Employers Further Restricted From Using Criminal History

by Foley & Lardner LLP on

California continues its lead in restricting use of criminal records with the Fair Employment and Housing Council (FEHC) recently finalizing new regulations that further limit a California employer’s ability to use criminal...more

New Fair Employment and Housing Act Regulations Further Limit Consideration of Criminal History in Employment Decisions

Considering criminal records when making employment decisions has long been the subject of scrutiny, and will soon be governed by new California regulations. On March 27, 2017, the California Office of Administrative Law...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

March 2017 UK Immigration Update

by Morgan Lewis on

Changes to the immigration rules fulfill the Migration Advisory Committee’s previous recommendations. On March 16, the UK government announced changes to the UK’s immigration rules, implementing the final phase of...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

California FEHC Regulations Limit Use of Criminal History for Employment Decisions

by Davis Wright Tremaine LLP on

The Fair Employment and Housing Council has finalized new regulations that will further limit employers’ ability to consider criminal history when making employment decisions. The new regulations are scheduled to take effect...more

It's Not Just a Box: Understanding How "Ban-the-Box" Laws Go Beyond Your Employment Application

by Littler on

In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made a conditional offer. It was not for another 12 years...more

California Employers Are Subject to New Requirements When Using Criminal History Information

by Littler on

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

Immigration Fact and Fiction for the U.S. Employer: Raids and Employers

Proskauer is pleased to launch a new blog series seeking to separate fact from fiction as the public discourse on immigration issues continues. We will address, among other topics, the actual real world impact of the...more

LA’s Ban the Box Ordinance: New Rules and Regulations

As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los...more

Final FEHC Criminal History Regulations Approved, Move One Step Closer to Implementation

by Fisher Phillips on

On January 10th, the California Fair Employment and Housing Council (FEHC) approved proposed regulations related to employer use of criminal history information. The regulations will be filed with the Office of...more

“Ban the Box” Has Arrived in the City of Los Angeles—Are You in Compliance?

Is your organization located in or doing business in the City of Los Angeles? Does your organization have 10 or more employees who spend time working there? If yes to both, it is time to take a look at your employment...more

Big Changes for California’s Labor, Employment Laws

by Best Best & Krieger LLP on

Californians are starting to feel the effects of new labor and employment laws passed in 2016 that raise the state’s minimum wage, aim to erase wage gaps, protect immigrant and disabled workers, as well as establish...more

Fenwick Employment Brief

by Fenwick & West LLP on

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more

Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions

by Barley Snyder on

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania company is a reminder for employers to keep employment records regarding the use of criminal background...more

The California Edition of the Employment & Labor Newsletter

by Wilson Elser on

The following is a brief recap of the bills Governor Brown signed in 2016 that have added new laws to the books and modified existing laws affecting California employers. Employers should consult with counsel to ensure...more

New York Bars Insurers from Denying Commercial Crime Coverage Due to Employee’s Prior Criminal Conviction

by Jackson Lewis P.C. on

The New York State Department of Financial Services (NYSDFS) has promulgated a regulation that requires insurance companies to provide Commercial Crime Coverage to employers who have prior knowledge of an employee’s prior...more

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

by Pepper Hamilton LLP on

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

California and Criminal Convictions: Employers May Want to Reexamine Their Background Check Policies in Light of Proposed...

In early 2016, the California Fair Employment and Housing Council (FEHC) proposed regulations that are intended to define and clarify how using a person’s criminal history may violate the Fair Employment and Housing Act...more

Los Angeles Joins Ban the Box Movement

by BakerHostetler on

Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job. With its , the city joins San Francisco, New York, Chicago, and about two dozen...more

New Los Angeles ‘Ban the Box’ Ordinance

by Blank Rome LLP on

Action Item: Los Angeles employers should review their hiring process, including job applications, to ensure compliance with a new law that limits inquiries of an applicant’s criminal history starting January 1, 2017, or risk...more

Ban the Box: Breaking Down the “Los Angeles Fair Chance Initiative for Hiring” Ordinance

Mayor Eric Garcetti recently signed into law legislation seeking to protect employment applicants from discrimination based on their criminal convictions. Here is what you need to know about the new law going into effect on...more

California Employers – New Year, New Rules in 2017

The new year will bring along a variety of new obligations for California employers. Although some of the new laws clarify existing law and provide helpful guidance, several impose additional requirements. This update...more

City of Los Angeles Passes Ban-the-Box Law

by FordHarrison on

The City of Los Angeles recently enacted its own Ban-the-Box law, designed to prevent employers with at least 10 employees from inquiring into or requiring an applicant to disclose their criminal history until a conditional...more

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