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Criminal Background Checks Notice Requirements Job Applicants

Foster Garvey PC

2025 Legislative Developments Affecting Washington Employers

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Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

Fisher Phillips

Washington State Workplace Law Roundup: Nearly 20 New Laws Taking Effect Within the Next Year – Starting Now

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Washington lawmakers were busy this year, and a wave of new laws will have a major impact on the workplace. Employers must be aware of significant workplace laws taking effect within the next year, including 11 new laws that...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

Foley & Lardner LLP

Complying With Unprecedented Criminal History Requirements in Los Angeles County

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The Los Angeles County Fair Chance Ordinance for Employers (FCOE), which took effect on September 3, 2024, imposes several new compliance requirements regarding the consideration of criminal history in employment decisions....more

Fisher Phillips

Federal Appeals Court Sides with Employer in Job Applicant’s Background Check Suit: 3 Steps to Avoid Similar Claims

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A job applicant who didn’t disclose a felony conviction can’t sue her prospective employer under a federal background-check law for failing to provide proper notice before rescinding her offer, according to a recent decision...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

Fisher Phillips

Avoiding Hidden Hiring Landmines: 4-Step FCRA Compliance Plan for Handling Pre-Adverse Action Notices

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Background check reports are an important – and in many cases essential – tool in making informed and responsible employment decisions. Gathering and using this information, however, carries legal obligations and...more

Fisher Phillips

6 Steps for Employers to Set Up an Effective Background Screening Program

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More than 90% of employers use some form of a background screening on applicants or employees when making employment decisions. There can be several reasons for using them: ensuring safety in the workplace; reducing exposure...more

Arnall Golden Gregory LLP

Illinois Employers Take Note, Human Rights Law Expanded to Require “Interactive Assessments” When Considering Conviction Records...

Illinois recently enacted SB 1480, which took effect immediately upon signing on March 23, 2021, and includes amendments to the Illinois Human Rights Act (“IHRA” or Act), making it a civil rights violation for an employer to...more

BCLP

Illinois Tightens Restrictions on Use Of Criminal Conviction Information

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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

Seyfarth Shaw LLP

Updated Mandatory Notice for San Francisco Fair Chance Ordinance

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Seyfarth Synopsis: The San Francisco Fair Chance Ordinance (the “FCO”), which was amended as of October 1, 2018, has long required that covered employers provide employees with the Office of Labor Standards Enforcement’s...more

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

San Francisco's Amended Fair Chance Ordinance Takes Effect with Updated Notice Requirements

On October 1, 2018, San Francisco’s amendments to its Fair Chance Ordinance (FCO) took effect. The FCO is San Francisco’s “ban the box” equivalent that regulates employers’ use of applicants’ and employees’ arrest and...more

Parker Poe Adams & Bernstein LLP

Even if Credit Report Is Accurate, Federal Law Requires Notice of Right to Dispute

The federal Fair Credit Reporting Act (FCRA) provides protections for persons subject to “consumer reports” provided by third parties, including criminal background and credit checks mandated by employers. The employee or...more

Bowditch & Dewey

New Employer Restrictions on Criminal History Requests

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New restrictions on employer requests for applicant criminal record information during the hiring process take effect in Massachusetts on October 13, 2018, and all employers are encouraged to review their employment...more

Fisher Phillips

The Freeze Is On: Employers Must Immediately Update Background Check Forms

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There is a little-known provision from a new federal law that will most likely impact your hiring practices and your standard hiring documents—and it kicked in last Friday. As of September 21, all employers must update their...more

Fisher Phillips

FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws

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Recently, the California Fair Employment and Housing Council (FEHC) proposed new draft regulations to implement provisions of two key employment statutes enacted last year. Last year, Governor Brown signed Assembly Bill...more

Proskauer - Law and the Workplace

[Podcast]: Laws Governing Background Checks for Employers

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair...more

Perkins Coie

California Law Restricts Employer’s Consideration of Job Applicants’ Criminal History

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Governor Jerry Brown has signed A.B. 1008 which amends the California Labor Code effective January 1, 2018, to prohibit employers from considering or inquiring about “an applicant’s conviction history,” “arrests not followed...more

Davis Wright Tremaine LLP

California Adopts State-Wide Restrictions on Criminal History Inquiries for Job Applicants

Governor Jerry Brown recently signed Assembly Bill No. 1008, which restricts how and when public and private employers can ask applicants about criminal history when applying for employment in California. The new restrictions...more

Vedder Price

California Corner: New Notice Requirements Regarding Domestic Violence Victims’ Rights and LA’s Ban the Box Ordinance

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California Labor Code sections 230 and 230.1 provide certain rights to employees who are victims of domestic violence, sexual assault or stalking, including the right to take time off from work relating to such issues and the...more

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

Everything Else You Need to Know About New York City’s FCA—New Rules Effective August 5, 2017

New York City has issued new rules interpreting the city’s Fair Chance Act (FCA). These rules, which went into effect on August 5, 2017, provide clarification and guidance on how employers can comply with the requirements of...more

Foley & Lardner LLP

California Employers Further Restricted From Using Criminal History

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California continues its lead in restricting use of criminal records with the Fair Employment and Housing Council (FEHC) recently finalizing new regulations that further limit a California employer’s ability to use criminal...more

Littler

It's Not Just a Box: Understanding How "Ban-the-Box" Laws Go Beyond Your Employment Application

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In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made a conditional offer. It was not for another 12 years...more

Seyfarth Shaw LLP

UPDATE: Los Angeles Ban the Box - New Individualized Assessment and Reassessment Form

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Seyfarth Synopsis: The City of Los Angeles recently issued its Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the...more

Littler

California Employers Are Subject to New Requirements When Using Criminal History Information

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In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

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