News & Analysis as of

Criminal Records Criminal Background Checks New Legislation

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

New York Governor Signs Clean Slate Law to Seal Older Criminal Convictions

On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against...more

McDermott Will & Emery

New FEHA Regulations Alter How, When Employers Can Consider Applicant’s Criminal Histories

McDermott Will & Emery on

The California Civil Rights Council (CRD) (formerly the DFEH) has issued new regulations that modify the Fair Employment and Housing Act (FEHA), the law that governs how and when California employers can consider a job...more

Littler

The Bar Has Been Lowered – Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories

Littler on

On December 23, 2022, President Biden signed into law H.R. 7776, the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” (the “NDAA 2023”). What many may not yet realize is that Section 5705 of the NDAA...more

Littler

The Bar Has Been Lifted – Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories

Littler on

On December 23, 2022, President Biden signed into law H.R. 7776, the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” (the “NDAA 2023”). What many may not yet realize is that Section 5705 of the NDAA...more

Barnea Jaffa Lande & Co.

Prohibition on Receiving Information on an Employee’s or Prospective Employee’s Criminal Record

The Criminal Information and Rehabilitation of Offenders Law recently came into effect. From now on, employers may no longer ask employees or prospective employees to provide information about their criminal records. This...more

Holland & Knight LLP

Se aprueba en Colombia Ley de "segundas oportunidades"

Holland & Knight LLP on

El presidente de la República de Colombia sancionó la Ley 2208 de 2022, por la cual "se establecen incentivos económicos para fortalecer el acceso y las oportunidades en empleo y formación para la población pospenada y se...more

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

Louisiana Enacts Law Impacting Employer Consideration of Applicant Criminal Histories

On June 9, 2021, the Louisiana State Legislature passed House Bill (HB) No. 707, a measure that prohibits discrimination in employment based on criminal history records and that provides criteria for employers making hiring...more

Littler

Illinois Imposes New Criminal History Check Requirements on Employers

Littler on

On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their...more

Littler

Virginia Governor Signs Marijuana Decriminalization Law Containing Employment-Related Provisions

Littler on

On May 21, 2020, Virginia Governor Ralph Northam signed legislation (HB 972/SB 2) to decriminalize simple marijuana possession and prohibit employers from requiring applicants to disclose information related to past criminal...more

McNees Wallace & Nurick LLC

Maryland Enacts Ban-the-Box Law: How Your Organization Can Ensure Compliance

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

Miles & Stockbridge P.C.

Maryland Legislation Override’s Governor’s Veto and Reinstates “Ban the Box”

During the 2019 legislative session, the Maryland General Assembly passed a new bill called “Criminal Record Screening Practices (Ban the Box),” which prohibited certain employers from inquiring about an applicant’s “criminal...more

Akerman LLP - HR Defense

Federal Contractors To Be Limited On Criminal Background Checks

Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made....more

Akin Gump Strauss Hauer & Feld LLP

Congress Passes Federal “Ban-the-Box” Law for Federal Agencies and Government Contractors

Key Points - Congress has passed the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”) as an amendment to the National Defense Authorization Act, which was enacted on December 17, 2019. This federal...more

Benesch

Employers Take Note - 2020 Defense Spending Bill Includes “Ban the Box” Law

Benesch on

On December 20, 2019, President Trump signed into law a defense spending bill which included the Fair Chance to Compete for Jobs Act of 2019  (“Fair Chance Act”). Employers should take note that the law (1) prohibits the...more

Littler

New Federal Fair Chance Act Applies to Federal Contractors and Agencies

Littler on

On December 20, 2020, the president signed legislation, the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which includes the federal Fair Chance Act (“the Act”).  The Act prohibits federal contractors that...more

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

Colorado Becomes 13th State to Pass “Ban the Box” Legislation

On May 28, 2019, Colorado governor Jared Polis signed into law the Colorado Chance to Compete Act (House Bill 19-1025), more commonly known as “ban the box” legislation. The recently signed Act is another example of...more

Holland & Hart - Employers' Lawyers

What’s Up In New Mexico Workplace Law

Gov. Michelle Lujan Grisham signed bills into law from the 2019 legislative session that will impact private employers in New Mexico. Below is a summary of several bills that change the law applicable to private employers....more

Bradley Arant Boult Cummings LLP

More Box Banning? Trend to Prohibit Questions on Criminal History Continues

Can you ask a job applicant criminal history? As with so many legal questions, the answer is “it depends” — on where you work, in this case. A recently enacted law will change this answer for Colorado employers beginning as...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

Seyfarth Shaw LLP

Five Interview Question Don’ts For California Employers in 2019

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Seyfarth Synopsis: Recent California legislation, including laws banning questions about salary history and criminal convictions, has bought new interview jitters for employers. ...more

Spilman Thomas & Battle, PLLC

A Second Chance: North Carolina Expands Law Incentivizing Employers to Hire Certain Convicted Felons

North Carolina has enacted a law intended to help employers catch up to the employment demands of a growing economy, while offering some individuals a second chance at earning a living. On June 25, 2018, Gov. Roy Cooper...more

Poyner Spruill LLP

New Legislation Provides Employer Protections for Hiring Employees with Specific Criminal Convictions

Poyner Spruill LLP on

Unlike many other states, North Carolina law does not prohibit employers from asking applicants about their criminal history at any time during the application process, or considering it in making hiring decisions. However,...more

Parker Poe Adams & Bernstein LLP

New S.C. Law Tells Employers Not to Consider Expunged Criminal Records in Hiring Decisions

Late last month, the South Carolina General Assembly overrode Governor Henry McMasters’ veto of legislation intended to make it easier for residents to remove minor criminal convictions from their records. The new law was...more

Fisher Phillips

South Carolina’s New Expungement Law Could Increase Applicant Pool

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In an effort to increase the state’s potential workforce, the South Carolina General Assembly passed legislation last week that will expand the state’s current expungement law and allow individuals to more easily remove...more

Ruder Ware

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

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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

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