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Criminal Records State Labor Laws

Weintraub Tobin

First Lawsuit Under CA’s Fair Chance Act Filed Against Ralph’s Grocery Store: A Message for CA Employers to Comply

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In December 2023, the California Civil Rights Department (“CRD”) filed the first-of-its-kind lawsuit under the California Fair Chance Act (“Act”) against Ralphs Grocery Store (“Ralphs”) in the Los Angeles County Superior...more

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

Arrested Development: Wisconsin Court of Appeals Holds ‘Arrest Record’ Does Not Include Civil Violations

When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision...more

Tarter Krinsky & Drogin LLP

New York Legislators Have Been Busy: Employers Beware

Over the closing months of 2023, New York lawmakers at both the state and local levels were busy passing new legislation impacting the workplace. As a result, New York employers should take some time to familiarize themselves...more

Bond Schoeneck & King PLLC

New York State’s Clean Slate Act: Highlights for Private Employers Including Healthcare and Human Services Employers

On Nov. 16, 2023, New York State Gov. Kathy Hochul signed legislation, also known as the Clean Slate Act, to automatically seal from public access criminal records for most individuals convicted of a crime....more

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

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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

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q3 2023

Alaska - Deducting Board and Lodging From Minimum Wage: Effective July 28, 2023, prior written notice to employees is required before employers make a deduction from an employee’s minimum wage for lodging or boarding....more

Jackson Lewis P.C.

California’s Modified Background Regulations Take Effect October 1st

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This summer the California Civil Rights Council approved modified regulations pertaining to California’s Fair Chance Act. These modifications take effect on October 1, 2023. Employers should remember the following as these...more

Morgan Lewis

California Approves Amended Regulations on Employers' Consideration of Criminal History

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The California Office of Administrative Law approved the Civil Rights Council’s proposed amendments to regulations regarding consideration of criminal history in employment. Effective October 1, 2023, employers must comply...more

Perkins Coie

California’s Newest Regulations Regarding Criminal Records

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California’s Civil Rights Council (the Council), a branch of the California Civil Rights Department, issued proposed revisions, earlier this year, to the Fair Employment and Housing Act (FEHA) regulations governing an...more

Seyfarth Shaw LLP

California Employers Using Criminal History Face New Compliance Obligations

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For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more

Littler

New York Legislature Bans Consideration of Most Older Convictions in Employment Decisions

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In the final hours of the 2023 legislative session, the New York Legislature passed Assembly Bill 1029C / Senate Bill 7551A, the “Clean Slate Act.” If signed by Governor Hochul, it will provide for the automatic sealing of...more

Epstein Becker & Green

Chicago’s Amended “Ban the Box” Ordinance Imposes Stricter Criminal History Use and Notification Requirements on Employers

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Chicago has amended its “Ban the Box” Ordinance (the “Ordinance”) to further align with Illinois law. The Ordinance, which originally took effect in 2015, provides protections for both prospective and current employees....more

Seyfarth Shaw LLP

Legislative Update: Which L&E Bills Will Flourish Or Wilt As The Legislature Resumes Work After Spring Break?

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Seyfarth Synopsis: When the Legislature reconvenes from Spring Break on April 10, 2023, it will resume consideration of the employment bills that were among the 2,600 introduced.  Notable employment bills include those...more

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

Connecticut Clean Slate Law Brings New Requirements for Employers in 2023 and Beyond

On June 10, 2021, Governor Ned Lamont signed into law Connecticut’s “Clean Slate” law, Public Act No. 21-32. The Clean Slate law became effective January 1, 2023, and it provides for the automatic erasure of certain criminal...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q4 2022

The trend of increasing workplace regulations by state and local governments continued throughout the fourth quarter of 2022. Although it is not possible to discuss all state and local laws, this update provides an overview...more

Littler

Implementation of Connecticut’s Clean Slate Law Set to Begin January 1, 2023

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Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of.  According to a recent press release, January 1, 2023 will see the full or partial...more

Weintraub Tobin

California Expands Criminal Record Relief

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California recently passed Senate Bill 731 (“SB 731”) into law which significantly expands the automatic sealing eligibility of most felonies that occurred on or after January 1, 2005, if certain circumstances are met. This...more

Littler

Governor’s Veto Will Likely Result in Continued Delayed or Non-Performable Background Checks in California

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A May 2021 court decision in California, All of Us or None v. Hamrick, caused significant background check delays in some California county courts and left background check companies unable to report some criminal record...more

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

The Latest in Multi-Jurisdictional Compliance With Employment Application Laws

A growing number of states and municipalities are restricting the types of inquiries employers can make during hiring, creating concerns with what employers can include or must include on job applications and job postings. ...more

Amundsen Davis LLC

Local and State Employment Law Update: COVID-19, Wage Transparency and Criminal Records

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Below are some of the latest state updates – INDIANA- Indiana Code 24-4.9-3-3, which addresses “reasonable” delays in reporting data security breaches, was amended by H.B. 1351 to impose a forty-five (45) day limit on...more

Dentons

HR Quick Take: Ban the Box

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Q: Ban the Box has been around for several years now, and I know at least one city in Iowa implemented local regulations about background checks. What is the status in Iowa?...more

Fisher Phillips

Top 6 Workplace Law Proposals Raised During Governor Hochul’s 2022 New York State of State Address

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Although New York Governor Hochul’s first State of the State address focused on efforts to emerge from the COVID-19 pandemic, she still managed to provide insight on a few key areas of labor and employment law that will...more

Jackson Lewis P.C.

California’s Department of Fair Employment and Housing Pushes Enforcement of Fair Chance Act

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The Fair Chance Act, commonly referred to as California’s “ban the box” law, imposes restrictions on employers with five or more employees from asking a job applicant any questions that seek the disclosure of their conviction...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q3 2021

2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming...more

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