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Criminal Records

Davis Wright Tremaine LLP

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

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

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

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

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

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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

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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

Jackson Lewis P.C.

San Diego County Enacts Fair Chance Ordinance for Unincorporated Ares of the County

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San Diego County recently passed its own Fair Chance Ordinance which takes effect on October 10, 2024. The ordinance applies to businesses operating in the unincorporated areas of San Diego County. Similar to the Los Angeles...more

McGlinchey Stafford

4th Circuit Holds Rental Applicant Lacks Standing to Bring FCRA Claims Over Inaccurate OFAC Reporting

McGlinchey Stafford on

On September 11, 2024, the 4th Circuit held that a named plaintiff in a putative class action failed to establish a concrete injury that could satisfy the injury-in-fact requirement for Article III standing against consumer...more

Epstein Becker & Green

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

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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

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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

Holland & Hart - Employers' Lawyers

A Path Towards Legal Permanent Residency: Applications Open on August 19, 2024 for New DHS Family Unity Program

The U.S. Department of Homeland Security (DHS) and the White House recently unveiled a new initiative that promises to transform the lives of undocumented noncitizen spouses of U.S. citizens. Scheduled to start taking...more

Davies Ward Phillips & Vineberg LLP

Striking the Balance of Power: Supreme Court Confirms Government Has No Absolute Immunity from Charter Damages When Adopting...

In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and...more

Cozen O'Connor

Notice of Appeal - Summer 2024

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A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial. During these delays,...more

Fisher Phillips

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

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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

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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

Littler

Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

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The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations.  The ordinance...more

Mitratech Holdings, Inc

Background Screening FAQs: Unveiling the Mysteries of Pre-Employment Checks

Are you hiring the right candidates? Or are you hiring candidates that put your organization at risk, bounce around, and can’t do what they say they do? Background screening is your defense system when trying to make quality...more

Hudson Cook, LLP

"Reducing Barriers to HUD-Assisted Housing": HUD NPR for Use of Criminal History in Tenant Screening and Termination At...

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Under a Department of Housing and Urban Development (HUD) proposed rule published April 10, new procedural protections would apply to criminal history screening of rental applicants to HUD-assisted housing....more

Troutman Pepper

HUD Issues Rulemaking Amending Regulations Governing Admission to Public Housing for Applicants with Criminal Records

Troutman Pepper on

Last week, the U.S. Department of Housing and Urban Development (HUD) issued a Notice of Proposed Rulemaking, seeking public comment on its proposal to amend existing regulations that govern admission to public housing and...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

Vedder Price

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

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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

Jackson Lewis P.C.

Los Angeles County Passes Fair Chance Ordinance That Applies to Unincorporated Areas of the County

Jackson Lewis P.C. on

At the end of February, the Los Angeles County Board of Supervisors passed an ordinance adding several compliance requirements to the California Fair Chance Act requirements for employers considering the criminal history of...more

Weintraub Tobin

First Lawsuit Under CA’s Fair Chance Act Filed Against Ralph’s Grocery Store: A Message for CA Employers to Comply

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In December 2023, the California Civil Rights Department (“CRD”) filed the first-of-its-kind lawsuit under the California Fair Chance Act (“Act”) against Ralphs Grocery Store (“Ralphs”) in the Los Angeles County Superior...more

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

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

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

Tarter Krinsky & Drogin LLP

New York Legislators Have Been Busy: Employers Beware

Over the closing months of 2023, New York lawmakers at both the state and local levels were busy passing new legislation impacting the workplace. As a result, New York employers should take some time to familiarize themselves...more

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