News & Analysis as of September 24, 2024

Criminal Background Checks

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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 -

County of Los Angeles Enacts Fair Chance Ordinance New Hiring Requirements for Employers

IR Global on 8/2/2024

What is this about? On February 27, 2024, the County of Los Angeles Board of Supervisors voted to adopt the County’s Fair Chance Ordinance for Employers (FCO). The FCO aligns with the California Fair Chance Act (FCA),...more

Employers Face Onerous Compliance Obligations Under the New Los Angeles County Fair Chance Ordinance

Seyfarth Shaw LLP on 8/1/2024

Effective September 3, 2024, employers with locations or employees (including remote workers) in the unincorporated areas of Los Angeles County (ULAC) will be subject to a new Fair Chance Ordinance. To say that the new...more

Navigating California’s Complex Employment Landscape: Recent Developments in Background Checks and Privacy

CDF Labor Law LLP on 7/15/2024

Employers in California face significant challenges when it comes to accessing public records for background checks, particularly concerning criminal history and motor vehicle records. California’s employment laws are...more

Misdemeanors That Prevent Employment – Surprising Offenses That Employers Won't Overlook

Rodemer Kane Attorneys at Law on 2/22/2024

Will a misdemeanor affect employment? Getting a job with a misdemeanor on your record is usually not an issue, but certain offenses might make it challenging to land specific types of employment. For example: ●...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/19/2024

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

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

Littler on 1/5/2024

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

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

Bond Schoeneck & King PLLC on 12/1/2023

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/28/2023

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

New FEHA Regulations Alter How, When Employers Can Consider Applicant’s Criminal Histories

McDermott Will & Emery on 11/6/2023

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

California’s New Background Check Regulations: 10 Frequently Asked Questions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/2/2023

California has implemented new regulations, effective October 1, 2023, that significantly change the employer criminal background check process for California applicants and employees. The following answers to ten frequently...more

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

CDF Labor Law LLP on 9/29/2023

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

California Approves Amended Regulations on Employers' Consideration of Criminal History

Morgan Lewis on 9/18/2023

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

California Changes Background Check Procedures

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/30/2023

The California Civil Rights Council recently amended the regulations interpreting California’s 2018 Fair Chance Act, which go into effect October 1, 2023. The new regulations add restrictions, make clarifications, and...more

California’s Newest Regulations Regarding Criminal Records

Perkins Coie on 8/24/2023

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

California Employers Using Criminal History Face New Compliance Obligations

Seyfarth Shaw LLP on 8/23/2023

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

BEWARE: New Requirements for How California Employers May Consider Criminal History In Employment Go Into Effect On October 1,...

CDF Labor Law LLP on 8/9/2023

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

Changes in California’s Regulations Regarding Criminal Records Approved

Littler on 8/2/2023

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

Amendment to California Employment Regulation May Impact Background Screeners

Troutman Pepper on 7/31/2023

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

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

Venable LLP on 7/28/2023

Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more

Chicago Enhances ‘Ban the Box’ Legislation Effective for Employers Immediately

Morgan Lewis on 5/31/2023

Chicago’s newly elected mayor, Brandon Johnson, signed amendments on April 24 to Chicago’s “ban the box” ordinance, which became effective immediately and applies to all Chicago employers. Mirroring updates the Illinois...more

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

Epstein Becker & Green on 5/22/2023

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

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

Littler on 3/27/2023

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

Proposed Legislation Limiting Inquiries into an Applicant’s Criminal History Prior to an Offer of Employment Introduced in the New...

Proskauer - Law and the Workplace on 2/20/2023

On February 7, 2023, Bill No. A03726 was introduced before the New York State Assembly which, if passed, would prohibit employers from inquiring about or making statements regarding “the arrest record or conviction record of...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/9/2023

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

Upcoming Changes in California’s Law Regarding Criminal Background Checks

Littler on 1/6/2023

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

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