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Background Checks Employer Liability Issues

Ervin Cohen & Jessup LLP

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

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

BCLP

Key Changes to New York Employment Law in 2024 and What to Expect in 2025

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Every new year brings changes to the employment laws applicable to New York State and New York City employers. In this article, we review the key employment laws that went into effect in 2024 and highlight some of the new and...more

Kramer Levin Naftalis & Frankel LLP

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

Baker Donelson

How Remote Hiring Practices Could Lead to Infiltration of Your Organization: North Korea Operatives are Exploiting Remote Hiring...

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In today's fast-paced digital world, businesses often seek to access a global pool of skilled professionals by turning to remote talent to fill gaps in their IT needs. Although this practice has many advantages, it also...more

Kramer Levin Naftalis & Frankel LLP

New York’s Clean Slate Act Requires Sealing of Certain Convictions and Imposes New Notice Obligations on Employers Conducting...

The New York Clean Slate Act (the Act), which took effect Nov. 16, 2024, provides for the automatic sealing of certain convictions when certain periods of time have passed, after which information regarding the sealed...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

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

Mitratech Holdings, Inc

The Recruitment Racetrack: 5 Recruitment Strategies to Accelerate Your Hiring

Mitratech Holdings, Inc on

Recruiting in today’s market can feel like a high-speed race. Whether you’re doing high-volume hiring or filling a single position quickly, the pressure is on to find the right candidates fast....more

Decipher Investigative Intelligence

Beyond Red Flags: Deploying Positive Intel from Due Diligence

We admit it: Sometimes it’s tempting to lead with the negative information from pre-hire investigations. Bullying behavior, inflammatory social media posts, fabricated client relationships – these (very real) examples raise...more

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

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

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

BakerHostetler

San Diego County Law Adds New Background Check Hurdles for Employers

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San Diego County is the latest California county to enact its own Fair Chance Ordinance, the SDFCO. The law applies only in unincorporated areas of San Diego County. The law took effect October 10, but financial penalties for...more

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

San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

Following the lead of other California cities and counties, the County of San Diego recently passed a local fair chance ordinance restricting the use of criminal history in employment decisions. Effective October 10,...more

Seyfarth Shaw LLP

San Diego County Joins California Jurisdictions With Fair Chance Ordinances

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Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and...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

Littler

San Diego County Adds a New Layer to California’s Complex Web of Laws Regulating the Use of Criminal Records in the Hiring Process

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California state law already saddles private sector employers with significant obligations to job applicants with a criminal record. Various local laws layer on top of these obligations to make compliance even more...more

Littler

Prince George’s County, MD Amends Criminal Background Check Law

Littler on

The Prince George’s, Maryland County Council recently enacted Bill CB-019-2024, amending the county's Fair Criminal Record Screening Standards. Effective September 16, 2024, the ordinance—renamed “Access to Employment for...more

Faegre Drinker Biddle & Reath LLP

Los Angeles County Fair Chance Ordinance – Summary of New Requirements

As of September 3, 2024, employers in the unincorporated areas of Los Angeles County must comply with the Los Angeles County Fair Chance Ordinance (FCO), which places restrictions on criminal background screening beyond those...more

Rodemer Kane Attorneys at Law

Does a DWAI Show Up on a Background Check in Colorado?

Driving While Ability Impaired (DWAI) is a serious offense in Colorado that can have far-reaching consequences. Many individuals who face this charge wonder about its long-term impact, particularly when it comes to employment...more

Fisher Phillips

LA County's “Fair Chance Ordinance” Just Took Effect: What Employers Must Know About the Strict Criminal History Rules and New Era...

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Los Angeles County’s “Fair Chance Ordinance” took effect today, requiring employers in the unincorporated areas of the county to comply with criminal background check rules that are more restrictive than those that apply...more

Littler

The County of Los Angeles Will Soon Post Notice and Sample Documents to Comply with the County’s Sweeping Fair Chance Ordinance

Littler on

Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance.  The...more

Mitratech Holdings, Inc

Avoiding Negligent Hiring: How Background Checks Mitigate Risk in Finance

In finance, every decision matters. From managing investments to handling sensitive data, the industry demands trust and integrity. But how can you ensure the professionals you hire are worthy of that trust? This is where...more

Ius Laboris

Pre-Employment Screening: What is Allowed?

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Employers typically expend a great deal of effort on application processes, in order to make an informed hiring decision and to avoid hiring unsuitable candidates who quit or are fired after a short time....more

Bowditch & Dewey

Proposed Changes in Massachusetts that Would Bar Use of Credit Reports by Employers

Bowditch & Dewey on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The bill is expected to pass the Senate and...more

Seyfarth Shaw LLP

Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions

Seyfarth Shaw LLP on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only...more

Epstein Becker & Green

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the...more

Morgan Lewis

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

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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

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