News & Analysis as of

Fair Chance Act Employer Liability Issues

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

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

Morgan Lewis

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

Morgan Lewis on

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

Vedder Price on

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

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

Ervin Cohen & Jessup LLP

Civil Rights Council’s Amendment to the Fair Chance Act Increases Employer Obligations

Ervin Cohen & Jessup LLP on

The California Office of Administrative Law approved the California Civil Rights Council’s proposed amendment to the California Fair Chance Act, effective October 1, 2023. In addition to providing employers with further...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

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

Littler

California Seeks to Ban Criminal Background Checks for Most Private Sector Employers

Littler on

Existing California law regulates inquiries into and the use of criminal history information in hiring and personnel decisions.  Existing California law also substantially impedes the ability of employers (and background...more

Littler

Gainesville First City in Florida to Pass Fair Chance Hiring Law Restricting Private Employers’ Use of Criminal History

Littler on

Effective December 15, 2022, the city of Gainesville became the first jurisdiction in Florida to restrict the use of pre-employment inquiries into an applicant’s criminal history.1  The City has now joined the dozens of other...more

Jackson Lewis P.C.

Developments in Employee Screening for Real Estate Industry

Jackson Lewis P.C. on

The real estate industry, and the people employed in it, build and maintain communities driving domestic growth. Naturally, employers in the real estate world want to know their employees are reliable and trustworthy. ...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

Arnall Golden Gregory LLP

Federal Government’s “Ban the Box” Policy in Effect

The federal government is the latest employer to adopt fair chance hiring requirements for certain parts of its workforce and contractors. The goal being to assist qualified workers with a criminal history to compete for...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Fisher Phillips

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

Fisher Phillips on

Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...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

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