News & Analysis as of

Employer Liability Issues State Labor Laws Conditional Job Offers

Seyfarth Shaw LLP

Washington’s Fair Chance Act: New Amendments Transform Employer Background Check Policies

Seyfarth Shaw LLP on

In 2018, Washington enacted a Fair Chance Act, requiring covered employers to wait until after considering an applicant to be “otherwise qualified” for the position at issue to inquire about or consider criminal history when...more

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

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

FordHarrison

California Serves Up Another Headache for the Restaurant Industry

FordHarrison on

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

Littler on

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

Troutman Pepper Locke on

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

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

Littler on

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

Littler on

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

Proskauer - California Employment Law

Employer Need Not Reimburse Travel Expenses for Drug Test

A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more

Littler

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

Littler on

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

Dentons

HR Quick Take: Ban the Box

Dentons on

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

Proskauer - Law and the Workplace

Louisiana Enacts Workplace Protections for Employees Disabled due to Pregnancy and Limits the Use of Criminal Background Checks in...

Louisiana employers should be aware of two new laws which went into effect on August 1, 2021. The first, Act 393, provides for reasonable accommodations of employees who become temporarily disabled due to certain...more

Littler

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

Littler on

Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more

Morgan Lewis

Updates to NYC Fair Chance Act Expand Protections for Applicants, Current Employees, Independent Contractors

Morgan Lewis on

Effective July 29, 2021, revisions to the New York City Fair Chance Act (FCA) will impose new requirements on New York City employers who evaluate criminal history information, including pending criminal charges, when making...more

Proskauer - California Employment Law

New Restriction on Background Checks in California

The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records.  All of Us or None v....more

Mintz - Employment Viewpoints

New York City Amends Fair Chance Act, Further Limits Employers’ Consideration of Criminal History

The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history. The law will go into effect on or...more

Littler

Updates to California’s Restrictions on Using Criminal Records in Employment Decisions

Littler on

The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer’s ability to make hiring decisions based on an individual’s criminal history, including but not limited to court records...more

Littler

Hawaii Amends its Ban the Box Law to Fortify Protections for Ex-Offenders

Littler on

Hawaii has long had a law limiting the discretion that employers have to consider older conviction records in making employment decisions.  Effective September 15, 2020, SB 2193 prevents most private sector employers from...more

Kelley Drye & Warren LLP

North Carolina Also Bans-The-Box

Today, most Americans live in a jurisdiction that has enacted a “ban-the-box” law (also known as a “fair chance” law). Ban-the-box laws restrict employers from inquiring about an applicant’s criminal background at various...more

Seyfarth Shaw LLP

The Business of Background Checks During a Pandemic

Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class actions alleging FCRA violations continues to skyrocket, it is critical for California employers to understand the basics of all laws affecting employment screening programs. This...more

Seyfarth Shaw LLP

Update #2: Waterloo, Iowa Enacts Ban the Box Restrictions

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance. UPDATE #2:  On April 3, 2020, the lawsuit brought by the Iowa Association of Business and Industry (the “Association”) against the...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

70 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide