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Hiring & Firing › Criminal Background Checks › New Legislation

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Proskauer - California Employment Law

Unincorporated L.A. County Employers Must Comply With New Rules When Considering Applicants’ Criminal History

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In 2018, California’s statewide Fair Chance Act (“FCA”) went into effect, imposing limitations on employers’ consideration of applicants’ criminal records and requiring a fair chance process before a candidate’s offer was...more

Holland & Knight LLP

Florida Legislation Will Increase Background Screening for Healthcare Professionals

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House Bill 975, if signed by Gov. Ron DeSantis, will have a significant impact on the Florida criminal background screening requirements for healthcare professionals and facilities. Currently, only certain healthcare...more

Littler

New Pennsylvania Legislation and Philadelphia Ordinance Amendment Tackle Pardoned Convictions, Expunged Records, and Negligent...

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Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening. ...more

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

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

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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

Littler

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

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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

Littler

Employment Law Update 2023: New Compliance Obligations for the New Year

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2022 is coming to a close, and the new year will be here before we know it.  While many states, cities and counties seem to be willing to pass employment laws and regulations at any time, the first day of a new year is still...more

Rivkin Radler LLP

[Webinar] Lunch and Learn Series: New Employment Laws and Regulations Regarding Marijuana in the Workplace - November 10th, 12:00...

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Please join us for the November Lunch and Learn as Rivkin Radler Partners John Diviney and Tamika Hardy discuss the following topics: - New State laws – New York Marijuana Regulation and Taxation Act, New York Labor Law...more

Barnea Jaffa Lande & Co.

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

Barnea Jaffa Lande & Co. on

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"

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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

Fisher Phillips

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

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Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...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...

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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

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

Louisiana Enacts Law Impacting Employer Consideration of Applicant Criminal Histories

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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

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Two New Louisiana Employment Laws: Pregnancy Accommodations and Limiting the Use of Criminal History in Hiring

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While Louisiana has not typically been at the forefront of introducing concepts into employment law, the state legislature recently act on two topics that have been seeing increased interest from state and local governments...more

FordHarrison

Illinois Passes Sweeping Legislation Impacting Employers

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Executive Summary:  On March 23, 2021, Governor J.B. Pritzker signed into law Illinois Senate Bill 1480 which amends the Illinois Human Rights Act, the Illinois Equal Pay Act of 2003, and the Illinois Business Corporation...more

Amundsen Davis LLC

NEW Illinois Law Limiting The Use Of Criminal Convictions: How It Impacts Hiring In The Transportation Industry

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With Governor Pritzker’s signature to Senate Bill 1480 on March 23, 2021, the Illinois Human Rights Act (IHRA) now prohibits any employer’s use or reliance on a criminal conviction to support an adverse employment action...more

Morgan Lewis

Illinois Amends Antidiscrimination, Pay Equity, and Business Disclosure Laws

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Illinois Governor J.B. Pritzker signed Senate Bill 1480 into law on March 23, effective immediately. The new law limits employers’ use of conviction records in making employment decisions, requires broad workplace demographic...more

Miller Canfield

Major Changes in Background Checks, Equal Pay Reporting for Illinois Employers

Miller Canfield on

On March 23, 2021, Illinois Governor J.B. Pritzker signed into law Senate Bill (SB) 1480, amending the Illinois Human Rights Act and Illinois Equal Pay Act. SB 1480 greatly limits use of criminal background checks in...more

Franczek P.C.

New IHRA Amendments Severely Limit Employers’ Ability to Consider Criminal Background

Franczek P.C. on

On March 23, 2021, Governor Pritzker signed into law amendments to the Illinois Human Rights Act (IHRA) that substantially limit employers’ ability to consider an applicant or employee’s criminal history. ...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

Amundsen Davis LLC

NEW ILLINOIS LAW PROHIBITS USE OF CRIMINAL CONVICTIONS: Guide For Employers And Sample Forms

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As we previously blogged about, the Illinois legislature passed Senate Bill 1480, which, in relevant part, provides that unless otherwise authorized by law, an employer may only consider an individual’s criminal conviction...more

Littler

Virginia Governor Signs Marijuana Decriminalization Law Containing Employment-Related Provisions

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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

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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

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