How to Conduct Criminal Background Checks the Right Way
Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v....more
Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more
The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records. All of Us or None v....more
On July 15, 2021, the New York City Commission on Human Rights (the “NYCCHR” or “Commission”) issued its highly anticipated updated Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination. ...more
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
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
In late 2019, the U.S. Citizenship and Immigration Services (USCIS) announced that it would implement the registration process for the fiscal year 2021 H-1B cap. The H-1B visa is used by businesses that want to employ foreign...more
U.S. Citizenship and Immigration Services (USCIS) recently provided additional guidance for the H-1B electronic registration process for the fiscal year 2021 H-1B cap, which begins at noon Eastern standard time on March 1,...more
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
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
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
Last year, the City of Columbia, South Carolina enacted an ordinance that appeared to require substantial changes to private employers’ criminal record and salary history inquiry practices. At the time of enactment, the...more
During the 2019 legislative session, Governor Larry Hogan vetoed the Criminal Records Screening (or “Ban-the-Box”) Act. On January 30, 2020, however, the Maryland General Assembly overrode the governor’s veto, making it...more
Seyfarth Synopsis: St. Louis has become the third locality in Missouri to enact a “Ban the Box” law, joining Kansas City and Columbia. With a January 1, 2021 effective date, covered employers should begin taking steps to...more
The City of St. Louis, Missouri enacted a ban-the-box ordinance prohibiting employers within the city from basing promotions or hiring decisions on an individual’s criminal history or a related sentence. The ordinance will...more
Seyfarth Synopsis: On December 17, 2019, Congress passed "The Fair Chance To Compete for Jobs Act of 2019" (the “Act”) as part of the National Defense Authorization Act. ...more
Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance. UPDATE: The Iowa Association of Business and Industry has filed a lawsuit against the City of Waterloo and the Waterloo Commission on...more
U.S. employers wanting to hire foreign professionals should identify those eligible for H-1B sponsorship as soon as possible to allow sufficient time to navigate newly required procedures in March 2020, including using the...more
Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more
Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more
U.S. Citizenship and Immigration Services (USCIS) announced on December 6, 2019 that employers seeking to file H-1B petitions for the 2021 fiscal year cap will be required to first electronically register and pay a $10 fee....more
The New Year will bring significant changes to the H-1B lottery selection process and employers can look forward to a more efficient H-1B cap selection process. USCIS has announced the “Registration Requirement for...more
Seyfarth Synopsis: The Columbia, South Carolina Mayor Steve Benjamin has signed a new law prohibiting City employers - but NOT private employers - from inquiring about an applicant’s criminal history until receipt of a...more
Seyfarth Synopsis: California’s ban-the-box law strictly regulates how employers may obtain and consider background check information when hiring and making personnel decisions. What’s more, Los Angeles and San Francisco have...more
The 2017-2018 legislative session concluded last month with new laws effecting almost all employers in California. Here’s a summary of the new laws, as well as the bills that would have had a significant impact, but were...more