Tag Archives: State laws

North Carolina Law Reducing Wait Time for Criminal Record Expungement Took Effect December 1

Written By ESR News Blog Editor Thomas Ahearn

On December 1, 2017, North Carolina Senate Bill 445 (SB 445) took effect to reduce the wait time for criminal record expungement for first-time non-violent offenders where the legal record of an individual’s arrest or criminal conviction is sealed and essentially erased in the eyes of the law. Continue reading

Arizona Adopts Ban the Box Policy to Delay Criminal Record Questions to Applicants for State Agency Jobs

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Written By ESR News Blog Editor Thomas Ahearn

On November 6, 2017, Arizona governor Doug Ducey issued Executive Order 2017-07 to adopt new “Ban the Box” hiring procedures to provide a second chance and increased job opportunities to Arizonans who have served their time and been released, according to a news release on the Governor’s website. Continue reading

California Governor Brown Signs AB 168 to Prohibit Employers from Seeking Salary History of Jobseekers

Written By ESR News Blog Editor Thomas Ahearn

On October 12, 2017, California Governor Jerry Brown signed into law several pieces of legislation to improve services and support for women that included Assembly Bill 168 (AB 168) which prohibits employers in the state from seeking salary history information about an applicant for employment and requires an employer to provide the pay scale for a position to an applicant upon reasonable request. Continue reading

Texas Supreme Court Rejects Claim of Compelled Self-Defamation Over Failed Drug Test

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Written By ESR News Blog Editor Thomas Ahearn

On May 26, 2017, the Texas Supreme Court delivered an opinion rejecting a claim of “compelled self-defamation” and declining to “recognize a theory of compelled self-defamation in Texas” in a case where a worker who failed a random drug test filed a lawsuit claiming defamation since he would have to report his job loss for a failed drug test to future employers. Continue reading

San Francisco Passes Parity in Pay Ordinance to Prohibit Employers from Asking Job Applicants about Salary History

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Written By ESR News Blog Editor Thomas Ahearn

On July 19, 2017, San Francisco Mayor Ed Lee signed into law legislation that was passed the city’s Board of Supervisors called the “Parity in Pay Ordinance” to prohibit employers in the City by the Bay from asking job applicants about their salary history or from considering earnings information in determining whether to hire an applicant and what salary to offer them. The ordinance takes effect July 1, 2018. Continue reading

California Employers Must Comply with Regulations for Use of Criminal History in Employment Decisions

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Written By ESR News Blog Editor Thomas Ahearn

California employers should be aware of the “California Fair Employment & Housing Council (FEHC) Consideration of Criminal History in Employment Decisions Regulations” that restrict the use of criminal records by employers in hiring and other employment decisions that took effect on July 1, 2017, according to an article posted on the Society for the Human Resource Management (SHRM) website. Continue reading

Ban the Box Laws Scheduled to Take Effect in Three States on July 1

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Written By ESR News Blog Editor Thomas Ahearn

On July 1, 2017, several “Ban the Box” laws – so called because they remove the box on job applications that applicants are asked to check if they have a criminal history and delay such questions until later in the hiring process – are scheduled to take effect in three states: Indiana, Pennsylvania, and Vermont. Continue reading

California FEHC Regulations for Considering Criminal History in Employment Decisions take Effect July 1

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Written By ESR News Blog Editor Thomas Ahearn

The California Fair Employment & Housing Council (FEHC) – the state agency charged with enforcing California’s civil rights laws – has approved the “California FEHC’s Consideration of Criminal History in Employment Decisions Regulations” that will take effect on July 1, 2017, and restrict the use of criminal records by employers in hiring and other employment decisions. Continue reading

Louisiana to Ban the Box on Admissions Applications for Public Colleges and Universities

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Written By ESR News Blog Editor Thomas Ahearn

Louisiana Governor John Bel Edwards has signed into law “Ban the Box” legislation – ACT 276 – House Bill 688 (HB 688) – that will prohibit public postsecondary education institutions from inquiring about the criminal history of prospective students prior to their acceptance for admission except for history pertaining to specific offenses. The Louisiana Ban the Box law takes effect on August 1, 2017. Continue reading

New Jersey Governor Announces Bipartisan Agreement on Three New Expungement Reform Bills  

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Written By ESR News Blog Editor Thomas Ahearn

New Jersey Governor Chris Christie has announced a bipartisan agreement on three new expungement reform bills that will prohibit employment discrimination based upon expunged criminal records, increase the number of convictions that can be expunged while accelerating expungements, and reduce the waiting period to expunge an entire juvenile record, according to a press release on the Governor’s website. Continue reading