News & Analysis as of

Employer Liability Issues Labor Reform Conditional Job Offers

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 2 "Requiring a Driver’s License May Not Be Wise"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the second day of the holidays, my labor and...more

Seyfarth Shaw LLP

San Diego County Joins California Jurisdictions With Fair Chance Ordinances

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Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and...more

Littler

Prince George’s County, MD Amends Criminal Background Check Law

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The Prince George’s, Maryland County Council recently enacted Bill CB-019-2024, amending the county's Fair Criminal Record Screening Standards. Effective September 16, 2024, the ordinance—renamed “Access to Employment for...more

Littler

The County of Los Angeles Will Soon Post Notice and Sample Documents to Comply with the County’s Sweeping Fair Chance Ordinance

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Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance.  The...more

CDF Labor Law LLP

LA County Expands California’s “Ban the Box” Effective March 28, 2024

CDF Labor Law LLP on

Since California’s enactment of the Fair Chance Act (“Act”) over six years ago, California’s private and county employers with five or more employees have become well-acquainted with the Act’s general prohibition of employers...more

Epstein Becker & Green

ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

Epstein Becker & Green on

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some...more

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

New York State’s Clean Slate Act to Take Effect on November 16, 2024: 5 Things for Employers to Know

New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a...more

Seyfarth Shaw LLP

New York State Enacts Legislation Sealing Criminal Records

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Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more

FordHarrison

California Serves Up Another Headache for the Restaurant Industry

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Executive Summary: Beginning January 1, 2024, restaurant employers in California will be required to pay their workers for all costs associated with obtaining a food handler card, including treating the time spent obtaining...more

CDF Labor Law LLP

Reminder: October 1 New Requirements For Considering Criminal History in Employment

CDF Labor Law LLP on

On October 1, 2023, changes to the Fair Employment and Housing Act regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more

Littler

Changes in California’s Regulations Regarding Criminal Records Approved

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The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring...more

Troutman Pepper Locke

Amendment to California Employment Regulation May Impact Background Screeners

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On July 24, the California Office of Administrative Law approved the Civil Rights Council’s (the Council) proposed amendment to California’s Employment Regulations Relating to Criminal History, which are set to become...more

Littler

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

Littler on

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

Littler

Chicago Enacts Amendments to and Expands Requirements of its Criminal History Screening Ordinance

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For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more

Littler

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

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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

Littler

Upcoming Changes in California’s Law Regarding Criminal Background Checks

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Employers that rely on criminal background checks to vet candidates know all too well that they must comply with a legion of statutes, ordinances, and regulations.  On December 15, 2022, the Civil Rights Council (“Council”)...more

Littler

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

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Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v....more

Proskauer - California Employment Law

California May Relax Background Check Process

Many employers undertake routine background checks as part of their hiring process. To be effective, of course, the process has to be completed in a timely manner....more

Proskauer - Law and the Workplace

Philadelphia Enacts Ordinance to Prohibit Pre-Employment Marijuana Testing

Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

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Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

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