News & Analysis as of

Criminal Background Checks

Massachusetts Places Further Restrictions on Criminal Background Checks

by Foley Hoag LLP on

In 2010, Massachusetts became one of the first states to pass so-called “ban the box” legislation, which barred employers from asking prospective employees about their criminal histories on their initial employment...more

“Ban the Box” Legislation Expands – What should Employers Do?

by Ruder Ware on

We have seen a recent expansion of “Ban the Box Legislation” which prevents employers from asking information about the arrest or conviction record of an applicant for a position. Some legislation prevents employers from...more

San Francisco Amends Fair Chance Ordinance, Restricts Employer Inquiries About Marijuana-Related Convictions

On April 3, 2018, San Francisco amended its Fair Chance Ordinance. The amended ordinance, which will take effect on October 1, 2018, will significantly impact employers that employ, or seek to employ, individuals to work...more

Blindfolding Employers: New Laws in California Further Restrict Job Applicant Information

The state of California has long led the nation in regulating the employment relationship. From continuously expanding the classes of employees protected under its anti-discrimination laws, to passing one of the nation’s most...more

New California Laws Restrict Employer Access to Criminal and Pay Histories

If you are planning to hire new employees to work in your winery, you should be aware of two new employment laws that restrict employers from obtaining and relying upon certain information about job applicants. Originally...more

WPI State of the States: Equal Pay, Paid Leave, and Gig Economy Bills Gain Momentum

by Littler on

May begins the legislative homestretch for a number of states. Nearly half of the state legislatures have adjourned for the year, and another nine are expected to end their sessions by the end of the month....more

Another Change To Massachusetts’ Ban-The-Box Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective October 13, 2018, Massachusetts employers will no longer be permitted to inquire about certain misdemeanor convictions and sealed or expunged records for employment purposes. ...more

Employers Beware

by Fox Rothschild LLP on

An employer can be liable for the actions of its employees, even if committed outside the course and scope of the employment. The two causes of action are negligent hiring and negligent retention. The principle difference...more

San Francisco Amends Fair Chance Ordinance

by Epstein Becker & Green on

On April 3, 2018, the San Francisco Board of Supervisors passed notable amendments to the city’s existing Fair Chance Ordinance (“Ordinance”), a municipal measure that limits the timing and scope of inquiries into an...more

Washington State Enacts Fair Chance Act

by Littler on

Washington State has joined a number of other jurisdictions, including the Washington cities of Seattle and Spokane, by passing a “ban-the-box” law, known as the Washington Fair Chance Act (HB 1298). ...more

California Employers: Beware the Background Check Bugaboos

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California is rife with regulation of how employers may obtain and consider background check information for use in hiring and personnel decisions. ...more

Michigan Bans Local Ban-the-Box Laws

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Michigan Governor Rick Snyder recently signed a bill that will prohibit counties and cities from enacting “ban-the-box” ordinances or other restrictions on the ability of private employers to inquire about...more

Impending Necessary Ban-the-Box Updates for Criminal Record Inquiries in Massachusetts and San Francisco

by Littler on

In 2010, Massachusetts enacted the Criminal Offender Record Information (CORI) Reform Act, which includes a “ban-the-box” component. Among other things, the law prohibits an employer from requiring an applicant to check a...more

Massachusetts Adjusts Limits On Employer Inquiries Into Job Applicants’ Criminal History

by Jackson Lewis P.C. on

A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history...more

Washington Legislature Enacts Multiple Anti-Employer Statutes

In the recently concluded session, Washington legislators enacted numerous laws that will adversely affect employers of all sizes across the State. With so many changes, it is key that employers stay up to date and understand...more

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

by Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

San Francisco Law Would Expand the Bar on Background Checks

On January 1, 2018, recreational marijuana officially became legal in California. Three months later, on April 3, 2018, the San Francisco Board of Supervisors passed an ordinance that would bar employers from inquiring about...more

San Francisco Amends “Fair Chance Ordinance” to Align with Portions of California’s New Statewide Ban-the-Box Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 3, 2018, San Francisco amended its Fair Chance Ordinance to align, in some respects, with California’s new ban-the-box law. San Francisco employers with more than five employees still must be...more

WPI State of the States: Pay Equity, Sexual Harassment Continue to Drive State Bills

by Littler on

While the surge of state-level legislation introduced in the first quarter of 2018 has waned, some significant labor and employment bills are advancing through their legislative chambers. ...more

Michigan Expands its Preemption Law to Cover Interview Limitations

by Littler on

On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prohibits local governments from regulating the information employers can request from prospective employees during the interview process. ...more

San Francisco is Likely to Amend its Ban-the-Box Law

by Littler on

In 2014, San Francisco enacted its ban-the-box law, which significantly restricted the ability of employers to inquire into, and use, criminal records for hiring and other employment purposes....more

Michigan Bans the Ban: New Law Stops Local Government Regulations on Employer Inquiries

On March 26, 2018, Governor Rick Snyder signed an amendment to Michigan’s Local Government Labor Regulatory Limitation Act into law. Public Act 84 (2018) prohibits local government bodies from adopting or enforcing any local...more

Washington State “Bans the Box”

by Fisher Phillips on

Washington has joined a growing list of states and cities to restrict criminal history inquiries in the hiring process with adoption of the Washington Fair Chance Act (2SHB 1298), signed into law on March 13, 2018. Beginning...more

2018 California Legislative Update: It’s Spring! What Bills Have Sprung?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Dominating this spring’s planting of proposed employment-related legislation are bills aimed at ending sexual harassment and promoting gender equity. Among the secondary crops are bills regarding...more

Our Nominees for the Top 20 California Employment Law Risks to Agriculture Employers

by Davis Wright Tremaine LLP on

California agricultural employers must be mindful of the federal, state, and local laws on the books, many of which pose traps for the unwary. Here are some of the most important employment and labor legal issues warranting...more

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