News & Analysis as of November 17, 2024

Job Applicants

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

San Diego County Law Adds New Background Check Hurdles for Employers

BakerHostetler on 10/23/2024

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

San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/22/2024

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

San Diego County Joins California Jurisdictions With Fair Chance Ordinances

Seyfarth Shaw LLP on 10/15/2024

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

Complying With the Los Angeles County Fair Chance Ordinance for Employers

K&L Gates LLP on 10/14/2024

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

San Diego County Adds a New Layer to California’s Complex Web of Laws Regulating the Use of Criminal Records in the Hiring Process

Littler on 10/10/2024

California state law already saddles private sector employers with significant obligations to job applicants with a criminal record. Various local laws layer on top of these obligations to make compliance even more...more

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

Epstein Becker & Green on 9/20/2024

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

“Fair Chance” Updates: Los Angeles County Ordinance Takes Effect; New York City Proposes Amendments to Existing Law

Epstein Becker & Green on 8/29/2024

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

County of Los Angeles Enacts Fair Chance Ordinance New Hiring Requirements for Employers

IR Global on 8/2/2024

What is this about? On February 27, 2024, the County of Los Angeles Board of Supervisors voted to adopt the County’s Fair Chance Ordinance for Employers (FCO). The FCO aligns with the California Fair Chance Act (FCA),...more

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

Fisher Phillips on 7/16/2024

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

Employer in deep Sheetz over criminal history check

McAfee & Taft on 5/6/2024

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

Taylor Swift’s New Album Is Almost Here: What Would Her Songs Be About If She Worked in Human Resources?

Fisher Phillips on 4/12/2024

When Taylor Swift revealed the track list for “The Tortured Poets Department” – a new album she’ll release on April 19 – fans immediately began theorizing about what might have inspired each song. While your #FPSwifties live...more

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

CDF Labor Law LLP on 3/25/2024

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

County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal...

Littler on 3/13/2024

In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance. A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more

Misdemeanors That Prevent Employment – Surprising Offenses That Employers Won't Overlook

Rodemer Kane Attorneys at Law on 2/22/2024

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

New Pennsylvania Legislation and Philadelphia Ordinance Amendment Tackle Pardoned Convictions, Expunged Records, and Negligent...

Littler on 1/5/2024

Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening. ...more

Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

Akerman LLP - HR Defense on 10/31/2023

A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that...more

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

Epstein Becker & Green on 10/3/2023

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

Reminder: October 1 New Requirements For Considering Criminal History in Employment

CDF Labor Law LLP on 9/29/2023

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 Risks in Background Checks

Society of Corporate Compliance and Ethics... on 9/28/2023

It may be time to rethink background checks. Brent Douglas, partner at the law firm Hahn Loesser, explains that their use has been greatly reduced in many industries. This reflects the increase in the number of what are...more

California Changes Background Check Procedures

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/30/2023

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

BEWARE: New Requirements for How California Employers May Consider Criminal History In Employment Go Into Effect On October 1,...

CDF Labor Law LLP on 8/9/2023

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

Changes in California’s Regulations Regarding Criminal Records Approved

Littler on 8/2/2023

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

Chicago Amends Ordinances Providing Greater Employee Protections for Bodily Autonomy and Criminal Histories

Fisher Phillips on 6/26/2023

The City of Chicago recently amended two existing ordinances to provide greater protections for employees in the areas of bodily autonomy and criminal conviction histories. Both the Bodily Autonomy for All Ordinance and the...more

Chicago Enhances ‘Ban the Box’ Legislation Effective for Employers Immediately

Morgan Lewis on 5/31/2023

Chicago’s newly elected mayor, Brandon Johnson, signed amendments on April 24 to Chicago’s “ban the box” ordinance, which became effective immediately and applies to all Chicago employers. Mirroring updates the Illinois...more

Chicago’s Amended “Ban the Box” Ordinance Imposes Stricter Criminal History Use and Notification Requirements on Employers

Epstein Becker & Green on 5/22/2023

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

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