News & Analysis as of

Criminal Background Checks Criminal Records State Labor Laws

Littler

News of an Employee’s Arrest or Pending Criminal Charges Poses a Dilemma for California Employers

Littler on

Every day, the press reports on arrests for one reason or another in California and other states. Many of those arrested have jobs. In turn, the employers of the arrestees in California are confronted with a dilemma: on the...more

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on

Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Herbert Smith Freehills Kramer

Developments in New York and New York City Employment Law: What Employers Need To Know Going Into 2025

As we head into a new year, employers should make plans to implement developments in various areas of employment law that will take effect in 2025 while confirming compliance with changes that have occurred over the past...more

Hinshaw & Culbertson - Employment Law...

The New York Clean Slate Act Goes Into Effect: What Employers Need to Know

On November 16, 2024, the New York Clean Slate Act (the "Act") went into effect. Under the Act, certain conviction records will be automatically sealed from public access after a specified time period. The New York State...more

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

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

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

Bond Schoeneck & King PLLC

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

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

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

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

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 & Schulte

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

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

Jackson Lewis P.C.

California’s Modified Background Regulations Take Effect October 1st

Jackson Lewis P.C. on

This summer the California Civil Rights Council approved modified regulations pertaining to California’s Fair Chance Act. These modifications take effect on October 1, 2023. Employers should remember the following as these...more

Morgan Lewis

California Approves Amended Regulations on Employers' Consideration of Criminal History

Morgan Lewis on

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

Perkins Coie

California’s Newest Regulations Regarding Criminal Records

Perkins Coie on

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

Seyfarth Shaw LLP

California Employers Using Criminal History Face New Compliance Obligations

Seyfarth Shaw LLP on

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

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

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

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

Harris Beach Murtha PLLC

What Connecticut’s Expanded Clean Slate Law Means for Employers

On January 1, 2023, Connecticut Public Act No. 21-32[1] the “Clean Slate” law expanded protections for applicants and employees with criminal records. Employers are prohibited from requesting information about, making hiring...more

Littler

Governor’s Veto Will Likely Result in Continued Delayed or Non-Performable Background Checks in California

Littler on

A May 2021 court decision in California, All of Us or None v. Hamrick, caused significant background check delays in some California county courts and left background check companies unable to report some criminal record...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

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

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

Maine’s New ‘Ban-the-Box’ Law: When Can Employers Inquire About Criminal Histories?

In July 2021, Maine enacted a new “ban-the-box” law that limits employer inquiries into an applicant’s criminal history. Under the new law, entitled “An Act Relating to Fair Chance in Employment,” employers are prohibited...more

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

Louisiana Enacts Law Impacting Employer Consideration of Applicant Criminal Histories

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

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

Amundsen Davis LLC

State Survey – Considering Criminal Convictions In Private Employment Decisions

Amundsen Davis LLC on

As we previously discussed, Illinois has moved beyond “ban-the-box” and now significantly restricts employers’ ability to consider criminal convictions when making employment decisions. (For more details see our employer’s...more

Fisher Phillips

Kentucky’s New ‘Reentry’ Law Gives Employers Clearance to Hire Workers With Criminal Backgrounds

Fisher Phillips on

Under a new Kentucky law that will take effect in July 2021, employers can hire qualified applicants with criminal records without fearing legal barriers and liabilities. Specifically, House Bill 497 creates a certificate...more

BCLP

Illinois Tightens Restrictions on Use Of Criminal Conviction Information

BCLP on

Restrictions on inquiring into, or using, criminal history information are not new to Illinois employers. For years, Illinois employers been precluded from using an applicant’s arrest history when making hiring or other...more

61 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