News & Analysis as of

Criminal Records State and Local Government

Seyfarth Shaw LLP

New York State Enacts Legislation Sealing Criminal Records

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Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more

Rodemer Kane Attorneys at Law

Colorado's Booming Cannabis Industry: A Look at Recent Reforms and Record Clearing

Since its legalization in 2014, Colorado's cannabis industry has experienced unprecedented growth, surpassing $10.5 billion in total sales. The first quarter of 2021 alone saw marijuana sales exceeding $560 million, according...more

Sullivan & Worcester

Massachusetts Supreme Judicial Court Adopts Position in Sullivan Amicus Filing on Behalf of The Boston Bar Association

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A Plain Statutory Reading Requires Broadening Automatic Sealing of Criminal Records - Boston, MA - As argued in an amicus letter written by Ryan Rosenblatt on behalf of Sullivan's pro bono client, The Boston Bar...more

Seyfarth Shaw LLP

Legislative Update: Which L&E Bills Will Flourish Or Wilt As The Legislature Resumes Work After Spring Break?

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Seyfarth Synopsis: When the Legislature reconvenes from Spring Break on April 10, 2023, it will resume consideration of the employment bills that were among the 2,600 introduced.  Notable employment bills include those...more

Jackson Lewis P.C.

City of Atlanta Adopts New Protections for Criminal History Status, Gender Expression

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The Atlanta City Council has amended the City of Atlanta Anti-Discrimination Ordinance to extend protections to citizens on the basis of criminal history status and gender expression in employment, housing, and public...more

Jackson Lewis P.C.

California’s Department of Fair Employment and Housing Pushes Enforcement of Fair Chance Act

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The Fair Chance Act, commonly referred to as California’s “ban the box” law, imposes restrictions on employers with five or more employees from asking a job applicant any questions that seek the disclosure of their conviction...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q3 2021

2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming...more

Stokes Wagner

Illinois Amends Human Rights Act, Business Corporation Act, and Equal Pay Act

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On March 23, 2021, Governor J.B. Pritzker signed SB 1480 into law, amending three state statutes. First, the Illinois Human Rights Act is amended to impose employer obligations when making employment decisions based on...more

Epstein Becker & Green

Illinois Places Significant Restrictions on Employers’ Use of Criminal Conviction History and Imposes EEO Reporting Requirement

Illinois recently enacted SB 1480 (or “Law”) which, among other measures, effective immediately, places significant restrictions on the ability of Illinois employers to refuse to hire a job applicant or take adverse action...more

Husch Blackwell LLP

Illinois Enacts SB 1480 Strengthening The Equal Pay Act And Restricting Use Of Criminal Convictions In Employment Decisions

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On March 23, 2021, Illinois Governor Pritzker signed into law Senate Bill 1480, which amends both the Illinois Human Rights Act (IHRA) and the Illinois Equal Pay Act, and requires employers to report EEO-1 and pay data to the...more

Littler

Illinois Imposes New Criminal History Check Requirements on Employers

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On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their...more

Epstein Becker & Green

New York City Expands Applicant and Employee Protections Under Its “Ban the Box” Law

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On January 10, 2021, Int. 1314-A (“Law”) was enacted, and it goes into effect on July 28, 2021. The Law significantly expands job applicants’ protections under New York City’s Fair Chance Act (“FCA”), otherwise known as the...more

Weintraub Tobin

DFEH Updates “Ban The Box” Regulations And Provides FAQ

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Since its implementation on January 1, 2018, The Fair Chance Act has been a source of questions for California employers. Also referred to as “banning the box,” Government Code section 12952 makes it illegal for most...more

Jackson Lewis P.C.

Hawaii Tightens Ban-The-Box Law, Further Limiting Use Of Past Criminal History In Work Decisions

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Hawaii has narrowed the scope of what employers can consider regarding an individual’s conviction history when making employment decisions. Hawaii employers have long been required to limit their consideration of felony...more

Littler

Hawaii Amends its Ban the Box Law to Fortify Protections for Ex-Offenders

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Hawaii has long had a law limiting the discretion that employers have to consider older conviction records in making employment decisions.  Effective September 15, 2020, SB 2193 prevents most private sector employers from...more

Seyfarth Shaw LLP

The Business of Background Checks During a Pandemic

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Seyfarth Synopsis: As the number of class actions alleging FCRA violations continues to skyrocket, it is critical for California employers to understand the basics of all laws affecting employment screening programs. This...more

Best Best & Krieger LLP

Investigatory Privilege and California Public Records Act Requests

It's the Information, Not the Record, that Must be Considered, Say BB&K's Christine Wood and Isaac Rosen in PublicCEO - One afternoon in May 2015, six Glendora Police Department officers entered a residence in La Puente,...more

Seyfarth Shaw LLP

Update #2: Waterloo, Iowa Enacts Ban the Box Restrictions

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Seyfarth Synopsis:  Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance. UPDATE #2:  On April 3, 2020, the lawsuit brought by the Iowa Association of Business and Industry (the “Association”) against the...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - March 2020 #7

Although there is rarely a shortage of rumors echoing through the halls of the State Capitol, there have never been as many as during the Crossover Day that continues as we publish. ...more

McNees Wallace & Nurick LLC

Maryland Enacts Ban-the-Box Law: How Your Organization Can Ensure Compliance

If your business operates in Maryland, you need to be aware of SB 839, a law that took effect February 29, 2020.  SB 839 prohibits employers with 15 or more full-time employees from asking job applicants about their criminal...more

Pierce Atwood LLP

New England “Ban-the-Box” Trend: Navigating Criminal History Checks in the Hiring Process

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Many states and localities have been adopting “ban-the-box,” prohibiting employers (including private employers) from asking applicants to disclose information concerning their criminal histories prior to an initial interview...more

Pullman & Comley - Labor, Employment and...

They’re Back! What Should Employers Expect from the 2020 Connecticut General Assembly Session?

On February 5, 2020, the 2020 session of the Connecticut General Assembly began. The session is scheduled to adjourn on May 6, 2020.  Numerous proposed bills affecting Connecticut employers and employees will be unleashed...more

Littler

New Year, New Local Ban-the-Box Restrictions on Background Checks

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With the start of a new year—and a new decade—employers in San Francisco, California, Waterloo, Iowa, and Grand Rapids, Michigan, must follow new “ban-the-box” laws restricting their use of criminal records in hiring and...more

Morgan Lewis

Maryland General Assembly Overrides Governor’s ‘Ban-the-Box’ Veto

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Maryland employers with 15 or more employees are prohibited from inquiring about a job applicant’s criminal history during early stages of the hiring process. ...more

Seyfarth Shaw LLP

Head’s Up: Increased Risk of Consumer Class Actions With Growing Trend of Local Restrictions on Reporting and Considering...

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On January 21, 2020, the Oakland City Council unanimously passed the Fair Chance Housing Ordinance (“FCHO”), which will restrict landlords in their ability to reject a potential tenant because of prior criminal history. It...more

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