News & Analysis as of

Criminal Records

Kansas City Passes Ban-The-Box Ordinance

by Husch Blackwell LLP on

The City Council of Kansas City, Missouri, recently passed an ordinance placing additional restrictions on a private employer’s ability to inquire about or consider an applicant’s criminal record during the application...more

Kansas City Votes to “Ban the Box”

by Bryan Cave on

On February 1, 2018, Kansas City, Missouri joined the ranks of more than 150 cities and counties to enact a “ban the box” ordinance, aimed at equalizing the chances to gain employment by those previously convicted of a crime....more

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

by Littler on

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

New Jersey Ban-The-Box Law Limits Inquiries Into Job Applicants’ Expunged Criminal Records

by Jackson Lewis P.C. on

New Jersey has amended its “ban-the-box” law to prohibit inquiries into a job applicant’s expunged criminal record during the initial employment application process. The New Jersey Opportunity to Compete Act (commonly...more

New Procedures for Handling Juvenile Police Records for Illinois Municipalities

by Holland & Knight LLP on

• Public Act 100-0285, recently signed into law, amends the Illinois Juvenile Court Act. The amendment prohibits law enforcement agencies from disclosing records involving minors who commit ordinance violations. • The...more

New Jersey Upgrades Ban-the-Box Law to Cover Inquiries Into Expunged Criminal Records

On December 20, 2017, New Jersey Governor Chris Christie signed into law Senate Bill 3306, which expands the state’s ban-the-box law by explicitly prohibiting employers from inquiring into an applicant’s expunged criminal...more

Alert: California’s Statewide “Ban the Box” Law Goes Into Effect January 1

by Cooley LLP on

Effective January 1, 2018, California joins a number of other states and major cities in prohibiting private employers from making pre-offer inquiries regarding an applicant's criminal history (so-called "ban the box" laws)....more

New California Labor and Employment Laws for 2018

by Holland & Knight LLP on

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

Immigration Weekly Round-Up: Immigration Arrests Rise, Senate Bill Ties DACA to Increased Border Enforcement, and Higher Scrutiny...

Immigration Arrests Increase While Deportations Decrease - On Tuesday, December 5, the Department of Homeland Security (DHS) released their year-end immigration enforcement numbers. Immigrations and Customs Enforcement...more

California Law Restricts Employer’s Consideration of Job Applicants’ Criminal History

by Perkins Coie on

Governor Jerry Brown has signed A.B. 1008 which amends the California Labor Code effective January 1, 2018, to prohibit employers from considering or inquiring about “an applicant’s conviction history,” “arrests not followed...more

California Adopts State-Wide Restrictions on Criminal History Inquiries for Job Applicants

by Davis Wright Tremaine LLP on

Governor Jerry Brown recently signed Assembly Bill No. 1008, which restricts how and when public and private employers can ask applicants about criminal history when applying for employment in California. The new restrictions...more

State-Wide BAN THE BOX Law No More Criminal Conviction Questions On Employment Applications

by Weintraub Tobin on

On October 14, 2017, Governor Brown signed Assembly Bill 1008 (the “Fair Chance Act”). The new law puts in place some protections for those individuals with criminal backgrounds seeking employment. The new law will be...more

California “Bans the Box”: Pre-Offer Criminal Inquiries Generally Outlawed in the State

On October 14, 2017, California Governor Jerry Brown signed Assembly Bill 1008 a “Ban the Box” law that significantly restricts an employer’s ability to seek or obtain information about a job applicant’s criminal history. ...more

Will California “Ban The Box”?

by Fox Rothschild LLP on

The California Assembly has passed Assembly Bill 1008, which would affect employers’ abilities to make pre-hire and personnel decisions based on a person’s criminal history. Governor Jerry Brown has until October 15, 2017 to...more

California Joining The Ban The Box Bandwagon?

by Jackson Lewis P.C. on

California may be the next jurisdiction to implement statewide “ban the box” legislation. Assembly Bill 1008 made its way from the Assembly through the Senate, and now awaits action from Governor Jerry Brown....more

California Corner: New Notice Requirements Regarding Domestic Violence Victims’ Rights and LA’s Ban the Box Ordinance

by Vedder Price on

California Labor Code sections 230 and 230.1 provide certain rights to employees who are victims of domestic violence, sexual assault or stalking, including the right to take time off from work relating to such issues and the...more

Hidden Hiring Landmine: Fair Credit Reporting Act Obligations

by Fisher Phillips on

Every year, an increasing number of states and localities clamp down on an employer’s ability to ask about applicants’ criminal histories (our update from earlier this year provides a good primer). The good news is that...more

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

Rules Interpreting NYC “Ban the Box” Law Take Effect on August 5, 2017

by Davis Wright Tremaine LLP on

Earlier this year, the New York City Commission on Human Rights (the “Commission,” or “NYCCHR”) promulgated a set of rules (the “Rules,” available here) relating to employers’ duties under the Fair Chance Act (the “FCA,” or...more

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

NYC Commission On Human Rights Finalizes Agency Rules And Regulations Regarding The Fair Chance Act

by Fox Rothschild LLP on

As discussed in our prior alert in 2015, New York City enacted the Fair Chance Act (FCA), which, subject to limited exceptions, prohibits private employers from seeking information from job applicants regarding their past...more

Reminder: Effective July 1, 2017: California Regulations Limiting Use of Criminal Background Information

by Davis Wright Tremaine LLP on

Earlier this year, we issued a client Advisory concerning the California Fair Employment and Housing Council’s new regulations regarding the use of criminal history for employment purposes. The new regulations took effect...more

California Places New Limits on Employer Use of Criminal History

by Ervin Cohen & Jessup LLP on

New regulations issued by the California Fair Employment and Housing Council (FEHC) impose additional limitations on an employer’s use of criminal history information, and expand the types of criminal history that employers...more

Reminder: Vermont ‘Ban The Box’

by Jackson Lewis P.C. on

Vermont’s Ban the Box law became effective on July 1, 2017, more than a year after Governor Peter Shumlin signed H. 261. The law prohibits an employer from requesting “criminal history record information,” including...more

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