News & Analysis as of

Criminal Records Hiring & Firing

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

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

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

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

by Holland & Knight LLP on

New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

Are You Ready For Important California And City Of Los Angeles Regulations Effective July 1, 2017?

by Jackson Lewis P.C. on

Both California and the City of Los Angeles have enacted regulations effective July 1, 2017 governing employer use of applicant and employee criminal history in making employment decisions. Below we summarize these upcoming...more

New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

by Nossaman LLP on

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment...more

California Employers Will Soon See New Workplace Regulations Take Effect - Rules On Transgender Discrimination And Criminal...

by Fisher Phillips on

In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more

FEHA Regulations Amended Regarding Consideration of Criminal History in Employment Decisions

by Allen Matkins on

Effective July 1, 2017, the regulations under the Fair Employment and Housing Act will identify new circumstances in which employers may face liability for considering criminal history in making employment decisions such as...more

Best practices for Oklahoma employers when inquiring about criminal histories

by McAfee & Taft on

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record....more

Assembly Bill 1008 Is The Icing On The Cake For Proponents Seeking To Prevent Employers From Considering Criminal Convictions In...

by Jackson Lewis P.C. on

Assembly Bill 1008 is making its way through the California legislature, after being passed in its amended form by the Committee on Appropriations on May 26, 2017. The Bill would repeal Labor Code section 432.9 and make it...more

California’s Tightened Regulations on Considering Criminal History in Employment Decisions Take Effect July 1, 2017

Last year, the California Fair Employment and Housing Council proposed new regulations on an employer’s consideration of criminal history in making employment decisions. Those regulations were approved this year by the Office...more

Filtering rules for criminal record checks: Two convictions do not always make a pattern of offending

by Dentons on

The Rehabilitation of Offenders Act 1974 provides that criminal convictions, cautions, warnings and reprimands in respect of certain offences are deemed to be “spent” after specified periods of time. Spent cautions and...more

New York’s Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 4, 2017, New York’s highest court, the Court of Appeals, held that the New York State Human Rights Law (“NYSHRL”) prohibits employers from discriminating on the basis of criminal conviction history....more

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