Evaluating candidates with known criminal records in compliance with the California Fair Chance Act (CFCA) poses a challenge for covered employers because the CFCA limits the discretion employers have to rely on such records...more
8/18/2025
/ Background Checks ,
California ,
Criminal Background Checks ,
Employer Responsibilities ,
Employment Policies ,
Enforcement Actions ,
Hiring & Firing ,
Policies and Procedures ,
Regulatory Requirements ,
Risk Management ,
State Labor Laws
Washington State has an existing fair chance law (discussed here) but the statute, as amended by HB 1747, will impose additional obligations on employers that consider criminal records when vetting job applicants or...more
Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use. One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more
10/27/2023
/ Adverse Employment Action ,
California ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
Marijuana ,
New Legislation ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism....more
7/7/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants
In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more
1/6/2014
/ Background Checks ,
Ban the Box ,
Consent ,
Contract Drafting ,
Credit Reporting Agencies ,
Credit Reports ,
Employee Rights ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Offers ,
Personnel Records