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New Jersey: Statewide Salary History Inquiry Ban Implemented, with a Few Twists

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All Employers with NJ Employees

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January 1, 2020

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Like Illinois, New Jersey recently jumped into the pool of states implementing legislation banning salary history inquiries.  Beginning January 1, 2020, Bill A1094 will prohibit employers from inquiring into an applicant’s prior salary history (including wages, salary, or benefits), or screen applicants for a job based on a minimum or maximum salary threshold, except under certain circumstances.

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Cincinnati, OH: Salary History Inquiries Now Prohibited

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All Employers with Cincinnati, OH Employees

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March 13, 2020

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On March 12, 2019, a new ordinance amended the Cincinnati, Ohio city code to make it unlawful for employers to ask job applicants about prior salary history or current earnings, among other provisions, with few exceptions.  Like other states and localities implementing similar prior salary history bans, this measure is intended to address discriminatory pay practices that are perpetuated by basing an applicant’s salary on historical compensation data.

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Georgia: Employees working with the Elderly Must Undergo Extensive Background Checks

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All Employers with GA Employees Who Provide Care to Elderly or Disabled Adults

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October 1, 2019

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Effective October 1, 2019, the Georgia Long-Term Care Background Check Program imposes significantly greater background screening requirements on employers who hire individuals with direct access to elderly adults.  Abuse of the elderly and adults with disabilities has increased in recent years, and the new law is intended to help protect the vulnerable adult population.

San Francisco, CA: Updates to San Francisco’s Ban-the-Box Ordinance

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Employers with 5 or more San Francisco Employees

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October 1, 2018

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San Francisco has amended its Fair Chance Ordinance for restrictions on employee criminal history inquiries. Effective October 1, 2018, the Fair Chance Ordinance will now apply to employers with 5 or more employees, rather than the currently stated 20 or more employees. Additionally, employers will be prohibited from making pre-employment conviction history inquiries until after a conditional offer of employment, to bring the Ordinance in line with current California requirements.

Of particular note, employers will be prohibited from inquiring about or requiring disclosure of convictions of decriminalized behavior, including convictions for the non-commercial use and cultivation of marijuana, regardless of when they occurred. California employers are already prohibited from inquiring about certain non-felony marijuana convictions that are more than two years old. This departure from state requirements will mean that employers need to carefully reexamine background check procedures to ensure compliance with the local Ordinance.

Action Items

  1. Have background check procedures reviewed and revised consistent with the Ordinance amendments.
  2. Have hiring personnel trained on updated requirements.
  3. Have applicable policies and documents, such as employment applications, offer letters, etc., updated to reflect changes to the Ordinance.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

Kansas City, MO: New Ban-the-Box Ordinance

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All Employers of 6+ Kansas City Employees

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June 9, 2018

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As of June 9, 2018, employers of Kansas City employees will be prohibited from inquiring into or using criminal record information when making employment decisions.  This ordinance amends the Kansas City Human Relations Act, and follows in the footsteps of a similar ordinance passed in 2014, eliminating such criminal history inquiries when considering applicants for government positions.

March Updates

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Varies

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Varies

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This Short List addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on DACA Program
  2. Reminder: 2017 EEO-1 Filing Deadline March 31, 2018
  3. H1-B Visa: Filing Deadlines and New Requirements
  4. Federal Judge Blocks EEOC Enforcement Guidance on Background Checks
  5. Reminder: Massachusetts Pregnant Workers Fairness Act Effective April 1, 2018
  6. Wisconsin’s Non-Compete Rules Apply to Non-Solicitation Agreements

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Ninth Circuit: Disclosures for Background Checks Cannot Contain a Liability Waiver

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All Employers with AK, AZ, CA, GU, HI,
ID, MT, NV, OR, WA Employees

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January 20, 2017

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On January 20, 2017, in Syed v. M-I, LLC, the Ninth Circuit Court of Appeals stated that the disclosure required by the Fair Credit Reporting Act (“FRCA”) cannot also contain a liability waiver for conducting the background check in the same document.  Rather, only the disclosure notice and background authorization can be contained within the same document.  Having other language in the disclosure notice violates background check rules under the FRCA.