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News & Analysis as of

D.C.’s “Ban the Box” Law Takes Effect, OHR Issues Notice of Rights

D.C.’s Fair Criminal Record Screening Act of 2014 took effect on December 17. The new law prevents employers with 11 or more employees in D.C. from making any criminal inquiries on an initial employment application (i.e.,...more

Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

Beware of Stock Vendor Background Check Forms

If you are like many employers, you use an online job application or are considering switching to an online process. Online applications have many benefits, and there are numerous vendors prepared to help you set up an online...more

Illinois Employers: Be Aware of 1/1/15 Notice Requirement Regarding Pregnancy Protections for Employees and Applicants

In connection with the recently enacted amendment to the Illinois Human Rights Act (“Act”), pertaining to non-discrimination against and accommodation of pregnant employees and applicants, Illinois employers should be aware...more

Maryland’s Montgomery County Enacts Ban-the-Box Legislation

On November 10, 2014, the County Executive of Montgomery County, Maryland, Isiah Leggett, signed county-wide ban-the-box legislation passed by the County Council on October 28, 2014 (Bill No. 36-14) (“Act”). The Act amends...more

Lawler Foods Refused to Hire Non-Hispanics EEOC Charges in Discrimination Suit

Bakery's Word-of-Mouth Hiring and Ads Stating a Preference for Spanish Speakers Also Discriminatory, Federal Agency Says - HOUSTON - Lawler Foods, Inc. and Lawler Foods, Ltd., a Houston-area production bakery, violated...more

San Francisco's OLSE Issues "FAQs" On Fair Chance Ordinance

Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 ("the...more

NJ Supreme Court to Rule on SOL Waiver

Last week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an employee could sue the company to no more than 6 months after an alleged adverse...more

Sixth Circuit Court of Appeals Holds Whistleblower Protection Is Not Available

The False Claims Act, 31 U.S.C. §3729 et seq. (FCA), provides for triple damages and a penalty ranging from $5,500 to $11,000 per claim for anyone who knowingly submits or causes the submission of a false or fraudulent claim...more

NYC Council Debates Expansive “Ban the Box” Bill

A couple of months ago, we blogged about the New York City Council’s general support for a proposal that would effectively ban credit checks in hiring and other personnel decisions. As the council continues to debate credit...more

FAQs About the New Jersey Opportunity to Compete Act (aka New Jersey’s “Ban the Box” Law)

New Jersey’s Opportunity to Compete Act (also known informally as the New Jersey “ban the box” law), N.J.S.A. 34:6B-11 et seq., goes into effect on March 1, 2015. The new law restricts most employers’ ability to request...more

Syracuse Common Council Passes “Ban the Box” Ordinance

On December 8, the Syracuse Common Council voted 8-1 to pass a “Ban the Box” ordinance. If the ordinance is signed by the Mayor (or if the Mayor’s veto is overridden by the Common Council), the ordinance would prohibit the...more

City of Columbia Is First in Missouri to Approve “Ban the Box” Legislation

In keeping with the “ban the box” legislative trend, the Columbia City Council unanimously passed a “ban the box” ordinance on December 1, 2014. The ordinance, which went into effect immediately, prohibits public and private...more

Intern Sues Company in First-of-its-Kind Discrimination Suit under Rhode Island’s Medical Marijuana Law

A graduate student has filed suit with the help of the Rhode Island chapter of the American Civil Liberties Union against a textile manufacturer that allegedly rescinded an offer for a paid internship because the student is a...more

Update: New Jersey Supreme Court to Address Contractually-Shortened Statute of Limitation Provisions

Over the summer, we posted about an interesting New Jersey appellate court decision (Rodriquez v. Raymours Furniture) enforcing a provision in a job application that reduced the period in which an employee could sue an...more

Columbia, Missouri Joins “Ban the Box” Trend

Columbia, Missouri is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on an employment application. The law, which took effect on December 1, 2014, only allows...more

Drug Testing In Your Non-U.S. Operations

Many U.S.-based employers perform pre-employment, post-accident, or random drug testing. With some exceptions, they are generally permitted wide latitude in deciding when to conduct such tests. But the U.S. attitude toward...more

San Francisco Issues Guidance for Employers and Contractors on Fair Chance Ordinance

San Francisco has posted FAQs explaining key provisions of the city’s so-called Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014. The Ordinance “bans the box,” prohibiting most private employers and...more

Accommodation of Sincerely Held Religious Beliefs

Several years ago a young woman wearing a black hijab applied for a retail job at a national chain in a Tulsa mall. The retailer, which caters to the young and fashionable, has a strict dress code which prohibits, among other...more

Understanding "Ban the Box" Laws

“Ban the Box” is a national civil-rights movement backed by advocates for job applicants with criminal convictions. Proponents of these laws believe that expanding employment opportunities for individuals with criminal...more

2014 Employment and Labor Law Final Exam

It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess....more

Maxim Healthcare Services Will Pay $75,000 to Settle EEOC Disability Discrimination Suit

Staffing Agency Refused to Hire Qualified Applicant because He Is HIV-Positive, Federal Agency Said - PITTSBURGH -- Maxim Healthcare Services, Inc., a nationwide staffing service for nurses and other health care...more

Transgender Employees: The New Protected Category?

By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act: race, color, religion, national origin and sex. Additional categories are...more

InterConnect - Counsel for the Road Ahead®

In this Issue: - Get Organized! With NLRB’s “Ambush Election Rules” Looming, Employers Must Be Proactive in Their Union-Free Message - What’s Cooking?: The FDA’s Proposed Regulations on Sanitary Food...more

Four New Laws Within 40 Miles: The Washington, DC Area Accelerates the "Ban-the-Box" Movement

The Washington, DC area has become the leading edge of the "ban-the-box" movement, with four new ban-the-box laws applicable to private employers enacted in the past six months. Baltimore, Maryland, started the trend when...more

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