News & Analysis as of

Fair Chance Act Background Checks Job Applicants

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

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

Fisher Phillips

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

Fisher Phillips on

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

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

BakerHostetler

LA County Employers Must Update Job Postings, Offer Letters and Background Check Processes by September 3

BakerHostetler on

The Los Angeles County Fair Chance Ordinance for Employers takes effect on September 3. The law applies to employers doing business in the unincorporated areas of LA County, if they employ five or more employees....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

CDF Labor Law LLP

LA County Expands California’s “Ban the Box” Effective March 28, 2024

CDF Labor Law LLP on

Since California’s enactment of the Fair Chance Act (“Act”) over six years ago, California’s private and county employers with five or more employees have become well-acquainted with the Act’s general prohibition of employers...more

Epstein Becker & Green

California Employers: Amended Ban-the-Box Regulations Effective October 1, 2023

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After more than a year of administrative activity pertaining to California’s Fair Chance Act (FCA), the California Civil Rights Council issued final modifications to the FCA’s regulations (the “Revised Regulations”). The...more

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

California’s New Background Check Regulations: 10 Frequently Asked Questions

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

Mitratech Holdings, Inc

Staying Compliant: The Critical Things Employers Must Know About California's New Background Screening Rules

Employers need to be vigilant about staying compliant with their hiring practices and background screening. For most organizations, this means not only knowing, but understanding, new regulations and rules coming down from...more

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

California Changes Background Check Procedures

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

Fox Rothschild LLP

Are Background Checks Worth It Anymore?

Fox Rothschild LLP on

Following a trend in California regarding increased leniency for those with conviction records, and ensuring that formerly incarcerated people are not unduly burdened by their past, Governor Newsom recently signed SB-731 into...more

Akin Gump Strauss Hauer & Feld LLP

So, What’d I Miss??? A Flurry of New Employment Laws Impact New York Firms

Key Points - The past eight months have featured the introduction of myriad new state and city laws impacting New York firms. From amendments to the NYC Fair Chance Act and NYS Paid Family Leave Law, to the expansion...more

Sheppard Mullin Richter & Hampton LLP

Ban the Box: Federal Government Adopts Fair Hiring Practice

The federal government became the most recent employer to adopt a “Ban the Box” policy when The Fair Chance to Compete for Jobs Act became effective December 20, 2021. The law prohibits federal contractors and most federal...more

Husch Blackwell LLP

Fair Chance Act: Restricting Timing of Criminal History Inquiries Begins to Take Effect

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When Congress enacted the National Defense Authorization Act for Fiscal Year 2020 in December 2019, Congress included the Fair Chance to Compete for Jobs Act of 2019 (the Act). The Act, in relevant part, restricts federal...more

Arnall Golden Gregory LLP

AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review

In this episode, AGG partner and co-chair of the firm’s Data Privacy Practice, Kevin L. Coy, and Data Privacy associate, Erin E. Doyle, discuss the federal Fair Chance to Compete for Jobs Act, provide an overview of state and...more

Sheppard Mullin Richter & Hampton LLP

The Department of Fair Employment and Housing Ramps Up Enforcement of California’s “Ban-the-Box” Law

The California Department of Fair Employment and Housing (“DFEH”) recently announced a new effort to identify and correct violations of the Fair Chance Act. The Fair Chance Act, which was enacted in January 2018 and is...more

Manatt, Phelps & Phillips, LLP

California’s DFEH Cracks Down on Fair Chance Act Violations

California employers, beware: The Department of Fair Employment and Housing (DFEH) announced a new initiative to crack down on violations of the Fair Chance Act. ...more

McDermott Will & Emery

California Employers: Your Online Job Advertisements Could Get Your Business in Hot Water

McDermott Will & Emery on

The California Department of Fair Employment and Housing (DFEH) announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to...more

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

Maine’s New ‘Ban-the-Box’ Law: When Can Employers Inquire About Criminal Histories?

In July 2021, Maine enacted a new “ban-the-box” law that limits employer inquiries into an applicant’s criminal history. Under the new law, entitled “An Act Relating to Fair Chance in Employment,” employers are prohibited...more

Kramer Levin Naftalis & Frankel LLP

Amendments to the NYC Fair Chance Act and New Legal Enforcement Guidance Require City Employers to Substantially Change Their...

Recent Amendments to the New York City Fair Chance Act (FCA) that took effect on July 29, 2021, significantly expand the scope of the FCA by imposing new restrictions on an employer’s ability to take adverse action against...more

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