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Hiring & Firing › New Legislation › 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 -
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

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,...

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 & Schulte

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

Littler

The Bar Has Been Lowered – Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories

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On December 23, 2022, President Biden signed into law H.R. 7776, the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” (the “NDAA 2023”). What many may not yet realize is that Section 5705 of the NDAA...more

Littler

The Bar Has Been Lifted – Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories

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On December 23, 2022, President Biden signed into law H.R. 7776, the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” (the “NDAA 2023”). What many may not yet realize is that Section 5705 of the NDAA...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

Barnea Jaffa Lande & Co.

Prohibition on Receiving Information on an Employee’s or Prospective Employee’s Criminal Record

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The Criminal Information and Rehabilitation of Offenders Law recently came into effect. From now on, employers may no longer ask employees or prospective employees to provide information about their criminal records. This...more

Holland & Knight LLP

Se aprueba en Colombia Ley de "segundas oportunidades"

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El presidente de la República de Colombia sancionó la Ley 2208 de 2022, por la cual "se establecen incentivos económicos para fortalecer el acceso y las oportunidades en empleo y formación para la población pospenada y se...more

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

Louisiana Enacts Law Impacting Employer Consideration of Applicant Criminal Histories

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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

Littler

New Arizona Law Eases Restrictions for Obtaining Occupational Licenses for Those With Criminal Histories

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Arizona Governor Doug Ducey recently signed House Bill 2067 into law amending Arizona Revised Statutes (A.R.S.) Section 13-905, to allow persons convicted of certain criminal offenses the opportunity to set aside a prior...more

Laner Muchin, Ltd.

Legislation Creates New Obligations For Illinois Employers

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Governor Pritzker signed Public Act 101-656 into law, amending the Illinois Human Rights Act (IHRA), the Business Corporation Act of 1983, and the Illinois Equal Pay Act of 2003. The Public Act became effective when signed on...more

Littler

Illinois Imposes New Criminal History Check Requirements on Employers

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On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their...more

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

Illinois Enacts Stronger Anti-Discrimination and Equal Pay Laws Focusing On Criminal Convictions and Demographic Reporting

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In  2021, the Illinois General Assembly passed Senate Bill (SB) 1480, which amends the Illinois Human Rights Act, the Illinois Equal Pay Act, and the Illinois Business Corporation Act. On March 23, 2021, Governor J.B....more

Littler

Virginia Governor Signs Marijuana Decriminalization Law Containing Employment-Related Provisions

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On May 21, 2020, Virginia Governor Ralph Northam signed legislation (HB 972/SB 2) to decriminalize simple marijuana possession and prohibit employers from requiring applicants to disclose information related to past criminal...more

McNees Wallace & Nurick LLC

Maryland Enacts Ban-the-Box Law: How Your Organization Can Ensure Compliance

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If your business operates in Maryland, you need to be aware of SB 839, a law that took effect February 29, 2020.  SB 839 prohibits employers with 15 or more full-time employees from asking job applicants about their criminal...more

Miles & Stockbridge P.C.

Maryland Legislation Override’s Governor’s Veto and Reinstates “Ban the Box”

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During the 2019 legislative session, the Maryland General Assembly passed a new bill called “Criminal Record Screening Practices (Ban the Box),” which prohibited certain employers from inquiring about an applicant’s “criminal...more

Akerman LLP - HR Defense

Federal Contractors To Be Limited On Criminal Background Checks

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Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made....more

Benesch

Employers Take Note - 2020 Defense Spending Bill Includes “Ban the Box” Law

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On December 20, 2019, President Trump signed into law a defense spending bill which included the Fair Chance to Compete for Jobs Act of 2019  (“Fair Chance Act”). Employers should take note that the law (1) prohibits the...more

Littler

New Federal Fair Chance Act Applies to Federal Contractors and Agencies

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On December 20, 2020, the president signed legislation, the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which includes the federal Fair Chance Act (“the Act”).  The Act prohibits federal contractors that...more

Holland & Hart - Employers' Lawyers

New Colorado Employment Laws from 2019 Legislative Session

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Led by Democratic majorities in both the House and Senate, the Colorado General Assembly passed multiple important employment-related bills during its 2019 legislative session.  Colorado’s new Democratic Governor, Jared...more

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

Colorado Becomes 13th State to Pass “Ban the Box” Legislation

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On May 28, 2019, Colorado governor Jared Polis signed into law the Colorado Chance to Compete Act (House Bill 19-1025), more commonly known as “ban the box” legislation. The recently signed Act is another example of...more

Holland & Hart - Employers' Lawyers

What’s Up In New Mexico Workplace Law

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Gov. Michelle Lujan Grisham signed bills into law from the 2019 legislative session that will impact private employers in New Mexico. Below is a summary of several bills that change the law applicable to private employers....more

Bradley Arant Boult Cummings LLP

More Box Banning? Trend to Prohibit Questions on Criminal History Continues

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Can you ask a job applicant criminal history? As with so many legal questions, the answer is “it depends” — on where you work, in this case. A recently enacted law will change this answer for Colorado employers beginning as...more

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