The Risks in Background Checks
Current Trends in FCRA Litigation - The Consumer Finance Podcast
AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
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
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
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
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
Employers in California face significant challenges when it comes to accessing public records for background checks, particularly concerning criminal history and motor vehicle records. California’s employment laws are...more
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
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
Will a misdemeanor affect employment? Getting a job with a misdemeanor on your record is usually not an issue, but certain offenses might make it challenging to land specific types of employment. For example: ●...more
Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening. ...more
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
California has implemented new regulations, effective October 1, 2023, that significantly change the employer criminal background check process for California applicants and employees. The following answers to ten frequently...more
On October 1, 2023, changes to the Fair Employment and Housing Act regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more
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
The California Civil Rights Council recently amended the regulations interpreting California’s 2018 Fair Chance Act, which go into effect October 1, 2023. The new regulations add restrictions, make clarifications, and...more
On October 1, 2023, changes to the Fair Employment and Housing Act (FEHA) regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more
On July 24, 2023, the California Office of Administrative Law approved the California Civil Rights Council’s modifications to regulations pertaining to California’s Fair Chance Act. Under the Fair Chance Act, employers with...more
The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring...more
On July 24, the California Office of Administrative Law approved the Civil Rights Council’s (the Council) proposed amendment to California’s Employment Regulations Relating to Criminal History, which are set to become...more
Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more
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
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
Employers that rely on criminal background checks to vet candidates know all too well that they must comply with a legion of statutes, ordinances, and regulations. On December 15, 2022, the Civil Rights Council (“Council”)...more
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
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
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more