Tag Archives: State laws

New California Law Significantly Impacts Use of Past Criminal Records by Employers during Employment Background Screening

A new law in California that took effect January 1, 2014 – Senate Bill No. 530 (SB 530) – provides significant new protection to ex-offenders who committed crimes, including felonies, when it comes to job hunting and what employers can legally discover or use.  The new law prohibits an employer from asking about, seeking, or utilizing criminal convictions that have been judicially set aside.  Employers violating the new prohibitions can face civil penalties and even misdemeanor criminal charges if done intentionally. It also allows a convicted person to get a case expunged sooner. The full text of California SB 530 is available at http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0501-0550/sb_530_bill_20131010_chaptered.htm. Continue reading

Michigan Ban the Box Bill would Prevent Employers from Asking about Felony Convictions on Job Applications

Legislation under consideration in Michigan – HOUSE BILL No. 4366 – would “Ban the Box” on job applications that employers use to ask applicants about felony convictions with certain exceptions, according to a report on MLive.com. The complete text of HOUSE BILL No. 4366 is available at http://legislature.mi.gov/documents/2013-2014/billintroduced/House/htm/2013-HIB-4366.htm. Continue reading

Target to Ban the Box Asking Job Seekers about Criminal History on Applications Starting January 1

Target Corp. will ‘Ban the Box’ asking job seekers about their criminal history on employment applications starting next year to comply with a new Minnesota law that takes effect January 1, 2014, according to a story from the StarTribune available at http://www.startribune.com/business/229310141.html. Continue reading

Illinois Governor Issues Administrative Order to State Agencies to Ban the Box for Hiring

Illinois Governor Pat Quinn has issued Administrative Order 2013-1 to ‘Ban the Box’ and prohibit state agencies under his jurisdiction from asking job applicants about their criminal histories before evaluating their knowledge, skills, and abilities for the job. The administrative order is available in PDF format at http://www.illinois.gov/Government/ExecOrders/Documents/2013/adminorder-2013-1.pdf. Continue reading

California Governor Jerry Brown Signs Ban the Box Bill to Help Ex-Offenders Seeking Government Jobs

In order to reduce unnecessary barriers to employment for the one in four adult Californians with arrest or conviction records, Governor Jerry Brown has signed into law Assembly Bill 218 (AB 218) to ‘Ban the Box’ and prohibit requesting criminal record information on initial employment applications for local and state government jobs. The text of AB 218 – which will take effect July 1, 2014 – is at http://openstates.org/ca/bills/20132014/AB218/. Continue reading

Government Shutdown Making Employers in States with E-Verify Laws Nervous to Hire New Workers

Employers in states such as Arizona, Alabama, Georgia, Mississippi, South Carolina, and North Carolina with mandatory E-Verify usage laws for most or all businesses are nervous about hiring new workers since the electronic employment eligibility verification system became unavailable due to the federal government shutdown that began October 1, 2013, according to a report from The Guardian available at http://www.theguardian.com/world/2013/oct/04/everify-offline-shutdown-employers-hiring. Continue reading

Nevada Law Restricting Employer Access to Credit Reports and Social Media Accounts Takes Effect October 1

A new law in Nevada signed by Governor Brian Sandoval – Assembly Bill 181 (A.B. 181) – will restrict employer access to social media accounts and credit report information of both employees and job applicants beginning on October 1, 2013. The full text of Nevada Assembly Bill 181 is available at http://www.leg.state.nv.us/Session/77th2013/Bills/AB/AB181.pdf. Continue reading

Class Action Lawsuit over Background Checks for Rental Housing Tenants Settled for 150000 Dollars

A tenant screening company that background checks tenants for rental housing has agreed to pay $150,000 to settle a class action lawsuit over its screening practices, according to a report from the Associated Press (AP) on the Bloomberg Businessweek website. The complete report is available at http://www.businessweek.com/ap/2013-09-18/150k-settlement-in-lawsuit-over-background-checks. Continue reading

New Jersey Limits Ability of Employers to Access Social Media Accounts of Employees and Job Applicants

New Jersey Governor Chris Christie has signed into law Assembly Bill A2878/S1915 that limits the ability of employers to require employees and job applicants to disclose user names, passwords, or other means for accessing social media accounts such as Facebook, LinkedIn, and Twitter or other services through electronic communications devices. The full text of New Jersey Assembly Bill A2878/S1915 – which takes effect December 1, 2013 – is available at http://www.njleg.state.nj.us/2012/Bills/A3000/2878_R4.PDF. Continue reading

New California Law Creates Consistent Criminal Background Check Policy for Volunteer Coaches in Youth Sports

California Governor Jerry Brown has signed a new law – Assembly Bill 465 (AB 465) – to help protect children who participate in community youth athletic programs from sexually abusive and violent individuals by creating a consistent criminal background check policy across the state for volunteer coaches in youth sports. A report in the Contra Costa (CA) Times about the signing of AB 465 is available at http://www.mercurynews.com/breaking-news/ci_23949088/governor-signs-bill-authorizing-criminal-background-checks-volunteer. Continue reading