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Hiring & Firing › Criminal Records › State Labor Laws

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

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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”)

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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

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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

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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

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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

Herbert Smith Freehills Kramer

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

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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

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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

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

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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,...

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

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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

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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

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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 & Emery

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

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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

Morgan Lewis

California Approves Amended Regulations on Employers' Consideration of Criminal History

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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

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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

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

Littler

New York Legislature Bans Consideration of Most Older Convictions in Employment Decisions

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In the final hours of the 2023 legislative session, the New York Legislature passed Assembly Bill 1029C / Senate Bill 7551A, the “Clean Slate Act.” If signed by Governor Hochul, it will provide for the automatic sealing of...more

Epstein Becker & Green

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

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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

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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

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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

Implementation of Connecticut’s Clean Slate Law Set to Begin January 1, 2023

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Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of.  According to a recent press release, January 1, 2023 will see the full or partial...more

Weintraub Tobin

California Expands Criminal Record Relief

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California recently passed Senate Bill 731 (“SB 731”) into law which significantly expands the automatic sealing eligibility of most felonies that occurred on or after January 1, 2005, if certain circumstances are met. This...more

Littler

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

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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

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

The Latest in Multi-Jurisdictional Compliance With Employment Application Laws

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A growing number of states and municipalities are restricting the types of inquiries employers can make during hiring, creating concerns with what employers can include or must include on job applications and job postings. ...more

Dentons

HR Quick Take: Ban the Box

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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

Fisher Phillips

Top 6 Workplace Law Proposals Raised During Governor Hochul’s 2022 New York State of State Address

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Although New York Governor Hochul’s first State of the State address focused on efforts to emerge from the COVID-19 pandemic, she still managed to provide insight on a few key areas of labor and employment law that will...more

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