News & Analysis as of

Criminal Background Checks Pending Legislation

Littler

California Seeks to Ban Criminal Background Checks for Most Private Sector Employers

Littler on

Existing California law regulates inquiries into and the use of criminal history information in hiring and personnel decisions.  Existing California law also substantially impedes the ability of employers (and background...more

Fisher Phillips

NYC Votes To Further Prohibit Consideration Of Criminal History In Employment Settings

Fisher Phillips on

Further restrictions on New York City employers’ ability to take adverse action against applicants or employees based on their criminal history are on the horizon. The New York City Council just passed a bill which will...more

Littler

How Might Virginia’s New Legislative Trifecta Affect Employers in the Commonwealth in 2020?

Littler on

In the November 2019 election Virginia gained a Democratic “trifecta”—both legislative chambers and the governorship are now controlled by one political party. It has been over two decades since Democratic lawmakers...more

Miles & Stockbridge P.C.

An Update on Maryland’s “Ban the Box”

Immediately following the close of the 2019 legislative session, this blog released a summary of the three new bills that could impact your workforce. One of those bills, the “Criminal Record Screening Practices (Ban the...more

Fisher Phillips

What A Difference An Election Makes: Colorado Passes Slate Of New Employment Laws

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The 2018 Colorado state elections resulted in a Democratic House, Senate, and governor, smoothing the way for the 2019 legislature to pass six new employment bills. Some of these pieces of legislation had been proposed in...more

Polsinelli

Colorado Poised to Join States that “Ban the Box”

Polsinelli on

Colorado appears poised to join a number of states that prohibit employers from inquiring into a job applicant’s criminal history on an initial employment application. ...more

Brownstein Hyatt Farber Schreck

Colorado Legislature Will Consider Wide Range of Employment Bills

Employment-related issues are a big priority for the Colorado Legislature this session. Specifically, lawmakers are poised to consider bills addressing paid family leave, state-supported retirement plans, gender pay equity...more

Littler

WPI State of the States: Major Bills Advance in September, With More on Deck for October

Littler on

The baseball pennant races are about to kick off, but not all the action is on the field. Roughly a dozen state legislatures were in session during September, and they considered more than 50 labor and employment bills....more

Littler

California Countdown: Which Labor & Employment Bills Will the Governor Sign?

Littler on

September 15 was the last day in 2017 for bills to pass both houses of the California Legislature and be forwarded to the governor. Governor Jerry Brown (D) has until October 15, 2017 to sign, veto, or otherwise not act upon...more

Seyfarth Shaw LLP

2017 Labor & Employment Legislative Update: The End is Near!

Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Jerry Brown has till October 15 to approve bills the Legislature sent to his desk by its Friday, September 15, deadline, including bills that would require employers to ”show us the money” for...more

Fisher Phillips

Top Ten List – Track These 10 Important Employment Bills as the California Legislative Year Comes to a Close

Fisher Phillips on

When the Legislature reconvenes from its summer recess on August 21, it will have only a few short weeks to finish work on legislation for this year. All bills must be passed and sent to Governor Brown by September 15, who...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Legislative Update: Several Labor and Employment Bills Passed in the Assembly

Several California labor and employment law bills passed in the state assembly or senate before the June 2, 2017, legislative deadline. The legislature now has until September 15, 2017, to pass these bills in the second...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Legislature Bans “Ban the Box” Ordinances

Some cities and counties across the country have enacted local ordinances restricting the ability of employers to inquire into the criminal histories of applicants during various stages of the job application process. (These...more

Haynsworth Sinkler Boyd, P.A.

Will South Carolina Ban the Box?

In prior posts, we have noted that HR professionals should acknowledge the tension between making hiring decisions based on an applicant’s criminal history and avoiding Title VII liability, if refusing to hire certain...more

Seyfarth Shaw LLP

Texas Likely To Take Aim at Municipal and County Ban the Box Laws

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Legislature of the State of Texas has introduced a new bill designed to create uniformity within its borders by prohibiting municipalities and counties from micro-managing the particular steps involved...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Law Restricts Employers From Asking About Juvenile Criminal History

California recently amended its existing law governing inquiries into and the use of juvenile criminal information. Effective January 1, 2017 employers will be restricted from asking about, seeking, or using a California...more

Ervin Cohen & Jessup LLP

Assembly Bill 1843 Prohibits Employers from Inquiring about Juvenile Convictions or Using Juvenile Proceedings In Employment

Effective January 1, 2017, Assembly Bill 1843 prohibits hiring-related inquiries concerning juvenile convictions or from using information regarding juvenile court actions or custodial detentions as a factor in determining...more

Seyfarth Shaw LLP

2016 California Labor and Employment Legislation Update: The End (of Session) Is Near…

Seyfarth Shaw LLP on

The California Legislature adjourned in the wee hours yesterday, Wednesday, August 31st, having reviewed over 100 bills in the single day, bringing the second half of the 2015-2016 Legislative Session to a close. Several...more

Seyfarth Shaw LLP

2016 Employment Bills Moving Through The CA Legislative Process

Seyfarth Shaw LLP on

Seyfarth Synopsis: Pending new bills that have now passed their house of origin would (i) expand DLSE enforcement authority, (ii) impose advance scheduling requirements on restaurant, grocery, and retail employers, (iii)...more

Proskauer - Law and the Workplace

Louisiana Legislature Passes “Ban the Box” for State Employers

Louisiana is anticipated to become the latest state to enact state-wide protections for applicants with criminal backgrounds under the well-known “ban the box” movement. The bill, HB 266, recently passed both houses of the...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

Arnall Golden Gregory LLP

New York City – Ban the Box Plus Measure

New York City passed a local law to amend its administrative code to prohibit employment discrimination based on one’s arrest record or criminal conviction. Employers and background screeners take note. The legislation, the...more

Arnall Golden Gregory LLP

Update — New York City Prohibition on Requests or Use of Credit History for Employment Screening

This week New York City Mayor Bill de Blasio will hold on hearing on New York City’s Proposed Int. No. 261-A, which would ban the use of consumer credit history, making its use potentially an unlawful discriminatory practice....more

BakerHostetler

Background Check Questions: Illinois Joins Ban-the-Box States; New Jersey May Be Next

BakerHostetler on

Criminal background questions on employment applications will no longer be permitted in Illinois, effective January 1, 2015. On July 19, Governor Quinn signed the Job Opportunities for Qualified Applicants Act, making...more

Mintz - Employment, Labor & Benefits...

New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly

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

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