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Employee Rights Job Applicants Ban the Box

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Mintz - Employment Viewpoints

“Ban the Box” Updates in Massachusetts

“Ban the Box” laws prohibit or limit an employer’s ability to ask a job applicant about his or her criminal record. States, counties and cities have enacted this legislation to help applicants with criminal records combat...more

Mintz - Employment Viewpoints

New Year’s Resolution #3: New Year, New Hiring Practices – Resolve to Bid Auld Lang Syne to Outdated Job Applications

This past year, a growing number of states and municipalities banished the Ghost of Christmas Past from haunting job applicants. As a result, employers in those jurisdictions must resolve now to bid auld lang syne to asking...more

Proskauer - Law and the Workplace

Montgomery County “Bans the Box”

Montgomery County, Maryland is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on the initial employment application....more

Foley & Lardner LLP

Ban the Ban-the-Box? Proposed Law May Clarify Background Check Dilemma in Regulated Industries

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On the heels of the Equal Employment Opportunity Commission’s (EEOC) increased scrutiny regarding criminal history questions during the hiring process and the wave of new state ban-the-box laws, Congress has proposed...more

Mintz - Employment, Labor & Benefits...

D.C. the Latest Jurisdiction to Ban the Box

The District of Columbia is on the verge of joining the 13 other states (and numerous cities and counties throughout the country) that have enacted “Ban the Box” laws prohibiting or limiting an employer from asking job...more

McCarter & English, LLP

New Jersey enacts “Ban-the-Box” law, limiting inquiries about criminal history during first phase of hiring process

New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history...more

Obermayer Rebmann Maxwell & Hippel LLP

New Jersey Adopts “Ban the Box” Law

On August 11, 2014, New Jersey joined a growing number of “ban the box” states when Governor Chris Christie signed into law the Opportunity to Compete Act. The Act, which goes into effect on March 1, 2015, precludes public...more

Ballard Spahr LLP

New Jersey’s ‘Ban the Box’ Law Signed by Governor Christie

Ballard Spahr LLP on

The Opportunity to Compete Act, which seeks to help individuals with criminal histories reintegrate into the workplace, was recently signed by New Jersey Governor Chris Christie. The “ban the box” law will prohibit most New...more

Morgan Lewis

New Jersey “Bans the Box” Statewide

Morgan Lewis on

New Jersey joins the ranks of states that prohibit certain criminal history inquiries during the hiring process. New Jersey’s Opportunity to Compete Act (OTCA), signed into law on August 11, is the latest among a...more

Troutman Pepper

New Jersey Joins the 'Ban the Box' Movement

Troutman Pepper on

On August 11, 2014, New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act (Act) which prohibits private and public employers that employ 15 or more employees from inquiring about an applicant’s...more

Saul Ewing Arnstein & Lehr LLP

New Jersey Enacts “Ban the Box” Law Restricting New Jersey Employers from Inquiring into Criminal History of Job Applicants

On August 11, 2014, New Jersey Governor Chris Christie signed the Opportunity to Compete Act which restricts New Jersey employers from seeking information regarding a job applicant’s criminal history. Under the Act, covered...more

Pillsbury Winthrop Shaw Pittman LLP

“Ban the Box” Legislation Expands Across the Country

There is a growing national movement to “Ban the Box” – i.e., to prohibit questions about a job applicant’s criminal history on employment applications. Currently, “Ban the Box” laws are primarily targeted at public...more

Cozen O'Connor

New Jersey Becomes Latest State to “Ban the Box”

Cozen O'Connor on

On August 11, 2014, Governor Chris Christie signed into law the Opportunity to Compete Act, New Jersey’s version of “ban the box.” When the law takes effect on March 1, 2015, companies who employ 15 or more employees will be...more

Proskauer Rose LLP

New Jersey Bans the Box for Private Employers

Proskauer Rose LLP on

Governor Christie has signed The Opportunity to Compete Act, which takes effect March 1, 2015 and prevents many private employers in the State of New Jersey from asking prospective employees about their criminal history on...more

Fisher Phillips

New Jersey Bans the Box: Rules About Learning the Criminal Histories of Jobs Applicants Are Changing

Fisher Phillips on

New Jersey employers with 15 or more employees will be prohibited from inquiring into a job applicant’s criminal history in the initial employment application beginning on March 1, 2015. New Jersey is the latest state to...more

Epstein Becker & Green

Act Now Advisory: New Jersey's Ban-the-Box Legislation Is Signed Into Law

Epstein Becker & Green on

On August 11, 2014, New Jersey Governor Chris Christie signed into law statewide ban-the-box legislation, formally titled "The Opportunity to Compete Act" ("Act"). The Act becomes effective on March 1, 2015. Overall, the Act...more

Mintz - Employment, Labor & Benefits...

Governor Christie Signs Scaled-Back Opportunity to Compete Act – New Jersey’s Ban the Box Bill

We previously wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring...more

Laner Muchin, Ltd.

Illinois Gov. Quinn Signs Ban-the-Box Legislation, Prohibiting Most Private Employers From Asking Applicants About Convictions

Laner Muchin, Ltd. on

Fast Laner reported that Illinois Governor Pat Quinn was poised to sign legislation prohibiting most private employers from inquiring about an applicant’s criminal convictions until they have made a decision regarding whether...more

Littler

New Jersey's "Opportunity to Compete Act" Continues the Nationwide "Ban-the-Box" Trend

Littler on

On August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act,” which restricts the ability of covered employers to inquire into, and use, criminal records. New Jersey’s so-called...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Governor Christie Signs Ban the Box Law

On August 11, 2014, New Jersey Governor Chris Christie signed into law “The Opportunity to Compete Act”—also referred to as the “ban the box” law—adding New Jersey to the growing list of states where employers are prohibited...more

K&L Gates LLP

Illinois Cracks Down on Employers' Consideration of Criminal Histories of Prospective Employees

K&L Gates LLP on

Furthering the trend of governmental skepticism about employers’ blind reliance on information derived from background checks, on July 19, 2014, Illinois Governor Pat Quinn signed into law the “Job Opportunities for Qualified...more

Katten Muchin Rosenman LLP

Illinois Employers Take Note: New Law to Limit When Job Applicant's Criminal Record May Be Considered

On July 19, 2014, Illinois Governor Pat Quinn signed into law a statute that limits when an employer may inquire about and consider a job applicant's criminal record. The law, known as the Job Opportunities for Qualified...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey’s Version Of “Ban The Box” Bill Reintroduced To Senate

“The Opportunity to Complete Act” (last mentioned in the February 2013 issue of the New Jersey eAuthority) was reintroduced to the state Senate on February 28, 2014. The bill still prohibits the use of criminal background...more

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