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New York, NY: Final Regulations for “Ban the Box” Go into Effect, Expand Employee Rights

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August 5, 2017

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New York City “banned the box” nearly two years ago with the implementation of the Fair Chance Act (the “Act”).  Recently, the NYC Commission on Human Rights published final regulations that expand upon the enforcement guidance implementing the Fair Chance Act.  These regulations clarify existing obligations and impose additional obligations on employers performing background checks on potential and existing employees.

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D.C.: Council Passes New Fair Credit Law, Aims to Strengthen Fair Chance Hiring

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Expected early spring 2017

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The Washington D.C. Council recently passed the Fair Credit in Employment Amendment Act (the “Act”), a bill that prohibits employers from inquiring into applicant, intern and employee credit information.  Employers cannot require disclosure of credit information as a condition of employment, and are further prohibited from using such credit information, even after making a conditional offer of employment.

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California: Governor Bans the Box on Juvenile Criminal History Inquiries

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January 1, 2017

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On September 27, 2016, Governor Brown signed AB 1843, which will prohibit California employers from (1) requesting or seeking out any information regarding an applicant’s arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the applicant was subject to juvenile court law, and (2) using juvenile criminal history as a factor in determining conditions of employment, such as hiring, promoting, or terminating employment.

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July Updates

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This HR Alert addresses the following topics:
  1. UPDATE: “Persuader Rule” Blocked by Texas Court
  2. EEOC Issues Sample Notice for Employers Offering Wellness Programs
  3. HIPAA Audits Coming Soon
  4. FLSA Overtime Classification of Auto Dealer Service Advisors in Question
  5. California Supreme Court Puts Federal Bonus Overtime in Doubt
  6. Connecticut Bans the Box
  7. Connecticut Allows Use of Payroll Cards
  8. Massachusetts Allows Self-Help Discovery
  9. New Jersey Employers Prohibited from Shortening Time Limit on Lawsuits/Claims
  10. District of Columbia Extension of Raised Minimum Wage
  11. Tennessee Expands Scope of Garnishments

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June Updates

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This HR Alert addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on Contraceptive Coverage Decisions
  2. U.S. Supreme Court Ruling Revises Statute of Limitations on Constructive Discharge Claims
  3. EEOC Doubles Poster Violation Penalty Fine
  4. EEOC Provides Guide for Using Leave as a Reasonable Accommodation under ADA
  5. California Businesses Now Have Time to Fix Accessibility ADA Violations
  6. California Paid Sick Leave Coverage Expanded to In-Home Workers
  7. Los Angeles, CA Doubles Paid Sick Leave, Effective July 1, 2016
  8. Santa Monica, CA’s Paid Sick Leave Implementation Delayed to 2017
  9. Georgia: Franchisors are not Employers of Franchisees or Franchisees’ Workers
  10. Many Tennessee Employers Soon Required to Use E-Verify
  11. Vermont Passes Ban-the-Box Legislation

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May Updates

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This HR Alert addresses the following topics:
  1. USCIS Says to Keep Using Expired I-9 Form
  2. Phishing Scam Targets HR/Payroll Processes
  3. Austin, Texas Passes “Ban the Box” Ordinance
  4. California Paid Family Leave Benefit Amount Increases
  5. Philadelphia “Ban-the-Box” Poster Published
  6. Seattle, Washington Guidance on Amendments to Labor Standards Ordinances and Compliance Date

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