News & Analysis as of

Criminal Records

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

Hinshaw & Culbertson - Employment Law...

The New York Clean Slate Act Goes Into Effect: What Employers Need to Know

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

ArentFox Schiff

New York’s Clean Slate Act Limits Consideration of Most Criminal Convictions for Employers Running Criminal Background Checks

ArentFox Schiff on

On November 16, New York’s Clean Slate Act took effect. The purpose of the Act is to aid in curbing discrimination in the workplace against individuals with certain New York State criminal convictions. As discussed below, the...more

Cole Schotz

Attention New York Employers: New York Clean Slate Act Takes Effect

Cole Schotz on

Nearly one year after it was signed by Governor Kathy Hochul, the New York Clean Slate Act (the “Act”) took effect on November 16, 2024. Under the Act, New Yorkers are now eligible to have certain conviction records...more

Mitratech Holdings, Inc

How Far Back Does a Background Check Go?

Background checks are an essential part of the hiring process and personal safety. But how far back do they go? If you’ve ever wondered about the time limits on background checks, you’re not alone....more

Mitratech Holdings, Inc

Los Angeles County's Fair Chance Ordinance: A Comprehensive Guide

Mitratech Holdings, Inc on

Hiring in Los Angeles County has changed due to the implementation of the Fair Chance Ordinance. This ordinance, designed to promote fair employment opportunities for individuals with criminal records, introduces new...more

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

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

K&L Gates LLP

Complying With the Los Angeles County Fair Chance Ordinance for Employers

K&L Gates LLP on

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

Jackson Lewis P.C. on

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

Epstein Becker & Green on

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

Epstein Becker & Green on

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

Cozen O'Connor on

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

Fisher Phillips on

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

McAfee & Taft on

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

Littler on

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...

Hudson Cook, LLP on

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

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