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On July 19, 2014, Illinois Governor Pat Quinn signed the Job Opportunities for Qualified Applicants Act, making Illinois the fifth state to bar private employers from asking job applicants about their criminal backgrounds...more
On July 19, 2014, 2014, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will go into effect on January 1, 2015. The new law will restrict the timing of pre-employment...more
In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more
In December, we wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, making its way through the legislature – a law that would prohibit employers from inquiring about job...more
Effective November 18, 2014, the City of Rochester, New York will join various states and municipalities around the country—including Buffalo, New York—that prohibit employers from inquiring about a job applicant’s prior...more
Earlier this month, the New Jersey State Senate Budget and Appropriations Committee advanced a bill seeking to bar employers from inquiring about the criminal history of job applicants during initial interviews and on job...more
In a recent Technical Assistance Letter, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) comments on whether (1) an employer may, without engaging in...more
An increasing number of states have recently passed laws that prohibit employers from obtaining passwords to a job applicant’s social media accounts. Such legislation highlights companies’ interest in finding out as much as...more
Many dealerships try to reduce the risk of high-dollar litigation and runaway jury awards by invoking mandatory arbitration for their applicants and employees. Employees who think that they were paid or treated unfairly are...more
On May 15, 2014, Baltimore City Mayor Stephanie Rawlings-Blake signed “An Ordinance Concerning ‘Ban the Box’— Fair Criminal Record-Screening Practices,” which prohibits any employer with 10 or more full-time equivalent...more
It’s become second-nature to “Google” people to whom you’ve been introduced or are planning to meet. For many employers, it’s just as easy to engage in the same process with those applying for employment.
Background checks can be useful tools to uncover misconduct or dishonest behavior at previous jobs or outside of work, and to determine whether an applicant possesses the positive traits desired in an employee.
On April 8, 2014, President Obama took two significant actions in the employee pay arena. He signed an Executive Order prohibiting federal contractors from retaliating against their applicants and employees for inquiring...more
San Francisco recently “banned the box” by adopting the Fair Chance Ordinance, which prohibits the popular criminal history check box on employment applications. Last year, the California Legislature passed Senate Bill 530...more
In This Presentation:
- Using Social Media in Hiring Decisions
- Hiring Employees with Restrictive Covenants
- Disparate Impact
User-Friendly Documents for Employers, Job Applicants, and Employees Explain Laws Governing the Acquisition and Use of Personal Background Information -
WASHINGTON - The U.S. Equal Employment Opportunity Commission...more
The area of providing a reference for prior employees can be a mine field for employers. There is a wide array of conflicting requirements, thought processes and goals whenever we talk about references. Give a bad reference...more
On February 17, 2014, San Francisco passed a new law, the Fair Chance Ordinance, that follows an emerging trend and restricts an employer’s ability to seek and utilize information regarding the criminal records of applicants...more
In all the hoopla over the victory of the employer in EEOC v. Freeman (USDC, MD, Case No. RWT 09-cv-2573) it may have escaped some people that on November 7, 2013 the U.S. Equal Employment Opportunity Commission (“EEOC”)...more
Employers today often utilize social media websites such as Facebook, Twitter, and MySpace to investigate job applicants (or current employees) as part of the hiring process. This article discusses the following trends and...more
Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania.
The Oregon Bureau of Labor and Industries (BOLI) recently issued a new temporary rule that addresses the veterans preference obligations of Oregon public employers. The temporary rule clarifies that job recruitment...more
On Monday, December 16th, the New Jersey Assembly Labor Committee advanced the Opportunity to Compete Act, a new bill that would prohibit New Jersey employers from inquiring about criminal history on a job application or...more
We are frequently asked how long an employer should retain employment records. Employers need to keep them as long as they are required, but obviously don’t want to retain and store any records longer than they have to....more
Indiantown, Fla., Milling Company Refused to Hire Qualified Applicant Based on His Age, Federal Agency Charged -
MIAMI - Bay State Milling Company, a major flour and grain producer, will pay $80,185 and furnish other...more
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