News & Analysis as of

Hiring & Firing › Criminal Records

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 -
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

DLA Piper

New Requirements for Washington State Employers

DLA Piper on

In recent weeks, Washington State Governor Bob Ferguson signed numerous employment-related bills, amending employer obligations and employee rights related to pay transparency, paid leave, use of criminal records, personnel...more

Littler

Wisconsin Supreme Court Tackles Thorny Contours of Arrest Record Discrimination

Littler on

In a recent case, Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court examined the definition of “arrest record” and the circumstances under which employers may lawfully consider arrest records in making...more

Akerman LLP - HR Defense

Back to Basics: The 2025 Employment Law Playbook

Akerman LLP - HR Defense on

The employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a...more

Ervin Cohen & Jessup LLP

Los Angeles and San Diego Counties Enact Fair Chance Ordinances for Unincorporated Areas

Ervin Cohen & Jessup LLP on

In 2016, the city of Los Angeles passed the Fair Chance Initiative for Hiring Ordinance (FCIHO). Preempting California’s Fair Chance Act (FCA) by nearly two years, the FCIHO prohibits private employers operating in the city...more

Littler

City of Madison, Wisconsin Amends its Equal Opportunities Ordinance Regulating Arrest and Conviction Record Discrimination

Littler on

The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records. Generally, an employer cannot make decisions based on an...more

Herbert Smith Freehills Kramer

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

Herbert Smith Freehills Kramer on

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

Hinshaw & Culbertson - Employment Law... on

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

ArentFox Schiff

New York’s Clean Slate Act Limits Consideration of Most Criminal Convictions for Employers Running Criminal Background Checks

ArentFox Schiff on

On November 16, New York’s Clean Slate Act took effect. The purpose of the Act is to aid in curbing discrimination in the workplace against individuals with certain New York State criminal convictions. As discussed below, the...more

Mitratech Holdings, Inc

How Far Back Does a Background Check Go?

Mitratech Holdings, Inc on

Background checks are an essential part of the hiring process and personal safety. But how far back do they go? If you’ve ever wondered about the time limits on background checks, you’re not alone....more

Mitratech Holdings, Inc

Los Angeles County's Fair Chance Ordinance: A Comprehensive Guide

Mitratech Holdings, Inc on

Hiring in Los Angeles County has changed due to the implementation of the Fair Chance Ordinance. This ordinance, designed to promote fair employment opportunities for individuals with criminal records, introduces new...more

Davis Wright Tremaine LLP

New York's Clean Slate Act Goes Into Effect – What Employers Should Know About Background Checks

Davis Wright Tremaine LLP on

The New York State Clean Slate Act (the "Act") went into effect Saturday, November 16, 2024, bringing with it new obligations for New York employers who rely on criminal background checks. Under the Act, certain criminal...more

Mintz - Employment Viewpoints

New York’s Clean Slate Act Requires Employers to Update Background Check Processes

Mintz - Employment Viewpoints on

New York’s Clean Slate Act is now effective.  The Act will lead to the automatic sealing of certain criminal records and will require greater disclosure by employers of the criminal history they can consider in connection...more

Sheppard Mullin Richter & Hampton LLP

San Diego County Adds Local Restrictions for Covered Employers to Comply with in Addition to California’s Fair Chance Act

Sheppard Mullin Richter & Hampton LLP on

Many employers are already familiar with California’s Fair Chance Act (“FCA”), which went into effect in 2018 and governs how employers may consider an applicant’s criminal history in hiring decisions. Effective October 10,...more

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

U.S. Virgin Islands Enacts Fair Chance for Employment Act

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

On June 24, 2024, the Legislature of the Virgin Islands overrode Governor Albert Bryan Jr.’s veto of the Fair Chance for Employment Act. The act is intended to prohibit the automatic disqualification of applicants based upon...more

CDF Labor Law LLP

San Diego’s New Fair Chance Ordinance

CDF Labor Law LLP on

In keeping with the recent proliferation of fair chance legislation at the state and local levels, effective October 10, 2024, businesses with five or more employees who carry out business in unincorporated areas of San Diego...more

K&L Gates LLP

Complying With the Los Angeles County Fair Chance Ordinance for Employers

K&L Gates LLP on

General Overview of the Los Angeles County Fair Chance Ordinance -California has long been at the forefront of promoting equal employment opportunity for individuals with criminal histories. Statewide laws such as the Fair...more

Epstein Becker & Green

Ban-the-Box Measures Headed for the Financial Services Industry

Epstein Becker & Green on

In recent years, advocates and lawmakers have been pushing to expand the reach of “ban-the-box” measures designed to remove job barriers for individuals with criminal convictions....more

Epstein Becker & Green

“Fair Chance” Updates: Los Angeles County Ordinance Takes Effect; New York City Proposes Amendments to Existing Law

Epstein Becker & Green on

A growing number of states and municipalities have passed “fair chance” laws that, to varying degrees, prohibit employers from inquiring into a job applicant’s criminal background during the hiring process or restrict...more

Fisher Phillips

Employer FAQs on the New and Expansive Anti-Discrimination Rules in Pennsylvania’s Lehigh County

Fisher Phillips on

Employers with operations in Lehigh County, Pennsylvania, must comply with a new and expansive anti-discrimination ordinance that took effect June 1. Our FP attorneys developed this series of FAQs to address all employment...more

McAfee & Taft

Employer in deep Sheetz over criminal history check

McAfee & Taft on

A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more

Morgan Lewis

LA County Passes Fair Chance Ordinance on Employer Consideration of Criminal History

Morgan Lewis on

The County of Los Angeles has announced a new Fair Chance Ordinance, taking effect on September 3, 2024, that will regulate the consideration of criminal history information by employers with five or more employees in...more

Vedder Price

L.A. County Board of Supervisors Passes Fair Chance Ordinance

Vedder Price on

The Los Angeles County Board of Supervisors recently passed the Fair Chance Ordinance for Employers (“Ordinance”), L.A. Cnty. Code § 8.300 et seq., in an effort to ensure “individuals with criminal records have fair and...more

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

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

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

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

332 Results
 / 
View per page
Page: of 14
Next »

"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:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide