News & Analysis as of

Sex Offender Registry

In Summary Order, Second Circuit Finds Plain Error in Miscalculation of Defendant’s Supervised Release Guidelines Range

In United States v. Shaday, 16-529, the Second Circuit (Jacobs, Livingston, and Kaplan (sitting by designation)) vacated and remanded the supervised release portion of defendant Yova Kana Shaday’s sentence after finding that...more

New Background Check Requirements for California Transportation Network Companies

by Littler on

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

New Louisiana Laws Will Impact Employers

In recent months, the Louisiana Legislature has passed several bills that have been signed into law, which will affect Louisiana employers. These new laws are effective August 1. In addition, the governor signed an executive...more

The Supreme Court - April 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more

Employment Law Reporter – August 2015

by Ervin Cohen & Jessup LLP on

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more

Rulings Prompt California Sex Offender Residency Regulations Change

by Best Best & Krieger LLP on

Local Municipalities’ Practices Likely to be Impacted - California prison officials have announced that they are loosening some restrictions on where sex offenders may live in response to In re Taylor, a California...more

California Supreme Court Rules Residency Restrictions are Nonpunitive

by Best Best & Krieger LLP on

A judge can require sex offender registration for a convicted criminal defendant — even if the jury did not find that the crimes were sexual in nature, the California Supreme Court held this week. Interestingly, the Court...more

California Supreme Court: Sex Offender Residency Restrictions Unconstitutional

by Best Best & Krieger LLP on

Opinion Likely to Impact Cities’ Policies - Residency restrictions that prohibit sex offenders from living within 2,000 feet of a school or park are unconstitutional, the California Supreme Court ruled this week. The...more

Ohio: Sex Offender Screening Now Required for Long Term Care Facilities

by Benesch on

The required date for screening for sex offenders in Ohio nursing homes, licensed residential care facilities and county homes (“Homes”) has now arrived. As of September 15, 2014, these Homes are required to screen for sex...more

Who's On Your Campus? Have You Checked The Sex-Offender List Lately?

by Fisher Phillips on

An administrator’s nightmare is receiving a phone call that an individual on the sex offender’s list has harmed a child within the school. To avoid this horrible situation, schools now regularly check the criminal...more

New Florida Statute Requires Schools To Provide Information About Sex Offenders

by Fisher Phillips on

Earlier this year, the Florida Legislature enacted a requirement for nonpublic colleges, universities and schools. Effective July 1, 2014, all such institutions are required to inform employees and students at orientation and...more

Seller Liability for Disclosures (or Non-Disclosures), Part 2

by Snell & Wilmer on

In our blog post dated April 29, 2013, Matthew Fischer discussed the case Lerner v. DMB Realty, LLC (Arizona Court of Appeals, November 27, 2012). In that case, the Arizona Court of Appeals addressed, among other things, the...more

California Supreme Court Declines Review of Cases Invalidating Local Bans on Sex Offenders

by Best Best & Krieger LLP on

Supreme Court Leaves Intact Court of Appeal Cases Holding That State Law Preempts Some Local Sex Offender Ordinances - Local laws regulating where sex offenders may go are likely now invalid following the California...more

BB&K Municipal & Public Safety Legal Alert: Court Holds Bans on Sex Offenders Entering Parks Without Permission Invalid

by Best Best & Krieger LLP on

Court of Appeal Holds State Law Preempts Local Ordinances - Overview: A California Court of Appeal recently struck down a provision of the Irvine Municipal Code and an Orange County ordinance, both of which required...more

Hospitality Update, No. 1, March 2013: "And By The Way, Are You A Criminal?"

by Fisher Phillips on

Getting the answers, without violating the new EEOC guidelines - According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background...more

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