Bill would ‘ban the box’ during hiring process for SC state government jobs

by Mary Green - Live 5 News WCSC

COLUMBIA, S.C. (WCSC) - When Lester Young of Columbia was released from prison after serving 22 years, he was ready to find a job and begin the next chapter of his life outside incarceration.

But Young said he could not get hired after employers took a look at his criminal record.

“It was kind of discouraging to walk out of prison and ready to go to work and start your life over, and people are telling you you are not good enough to work for them,” he said. “It was not that you couldn’t do the job but because you had a felony conviction.”

Read more: https://www.live5news.com/2023/03/04/bill-would-ban-box-during-hiring-process-sc-state-government-jobs/

Washington Senate Passes Bill Banning Hiring Discrimination for Pot Use

by A.J. Herrington

The Washington state Senate has passed a bill that prevents employers from denying employment based on a positive drug test for weed.

The Washington Senate this week approved a bill that would protect cannabis users from pre-employment job discrimination. The measure, Senate Bill 5123, was passed by the state Senate on Wednesday by a vote of 28-21 and will now be considered by the Washington House of Representatives. 

Read more: https://hightimes.com/news/washington-senate-passes-bill-banning-hiring-discrimination-for-pot-use/

Proposed Legislation Limiting Inquiries into an Applicant’s Criminal History Prior to an Offer of Employment Introduced in the New York State Legislature

by Evandro C Gigante, Laura M. Fant, Margo R. Richard - The National Law Review

On February 7, 2023, Bill No. A03726 was introduced before the New York State Assembly which, if passed, would prohibit employers from inquiring about or making statements regarding “the arrest record or conviction record of any person who is in the process of applying for employment or interviewing for employment with such employer.”

Read more: https://www.natlawreview.com/article/proposed-legislation-limiting-inquiries-applicant-s-criminal-history-prior-to-offer

New Jersey Enacts Temporary Workers’ Bill Of Rights Law

by Evandro Gigante, Laura Fant, Margo Richard - Proskauer

On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights (A1474/S511) into law. The law only covers temporary laborers who are assigned to work by a temporary help service firm in a “designated classification placement,” which includes certain workers in food preparation and service, building and grounds cleaning/maintenance, personal care and service, construction, and transportations occupations, among others.

Read more: https://www.lawandtheworkplace.com/2023/02/new-jersey-enacts-temporary-workers-bill-of-rights-law/#page=1

How Marijuana Pardons Affect Employee Background Checks

by Danielle Dwyer and Jesse Stavis

On Oct. 6, 2022, President Joe Biden issued a blanket pardon to all citizens and lawful permanent residents convicted of simple possession of marijuana under the federal Controlled Substances Act. The move reflects a shift in attitudes towards low-level drug offenses, and should serve as an impetus to employers to review their policies on criminal record checks.

Because marijuana possession offenses predominantly fall under the jurisdictions of the states, not the federal government, the immediate impact of these pardons is limited. Only about 6,500 people have been convicted for simple possession under federal law and a few thousand more have been convicted under the Code of the District of Columbia.

Read more: https://www.duanemorris.com/articles/marijuana_pardons_affect_employee_background_checks_0223.html

Congress Eases Criminal Offense Restrictions for Employment With Financial Institutions

by John Gerak, Zachary V. Zagger - Ogletree Deakins

Included in the defense spending bill signed by President Biden in December 2022 is a section with key provisions for financial institutions that will ease restrictions on hiring candidates with criminal records. Section 5705 in the National Defense Authorization Act (NDAA) for Fiscal Year 2023, titled “Fair Hiring in Banking,” further narrows convictions that would constitute a bar to employment under Section 19 of the Federal Deposit Insurance Act (FDIA) absent a written waiver by the Federal Deposit Insurance Corporation (FDIC). A representative for the FDIC confirmed that the changes are effective now and will be implemented by the FDIC in 2023.

Read more: https://ogletree.com/insights/congress-eases-criminal-offense-restrictions-for-employment-with-financial-institutions/

Credit checks for employment

by Chase

When applying for a job, your potential employer may run a credit check. A credit check is otherwise known as a credit inquiry, where someone pulls a summary of your credit. This can’t happen without your written consent. There are two kinds of inquiries—hard and soft. When an employer runs a credit check, this is a soft inquiry. It will not affect your score, unlike a hard inquiry, which can.

Read more: https://www.chase.com/personal/credit-cards/education/basics/employer-credit-check

Dziedzic, DFLers want to ‘ban the box’ for Minnesota boards and commissions

by Walker Orenstein and Peter Callaghan - SC Times

Minnesota has been considered a leader in one specific criminal justice reform known as ‘ban the box.’

In 2009, it was just the second state in the nation to prohibit public employers from including a criminal history question on initial job application forms. Then, in 2013, private employers were added to the law, a provision enacted with bipartisan support.

Read more: https://www.sctimes.com/story/news/politics/2023/01/16/dziedzic-wants-to-ban-the-box-for-minnesota-boards-commissions/69806254007/

Connecticut Clean Slate Law Brings New Requirements for Employers in 2023 and Beyond

by Andres Jimenez-Franck, John Stretton, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - JDSupra

On June 10, 2021, Governor Ned Lamont signed into law Connecticut’s “Clean Slate” law, Public Act No. 21-32. The Clean Slate law became effective January 1, 2023, and it provides for the automatic erasure of certain criminal records.

Who Is Affected?

The Clean Slate law’s automatic erasure provision affects individuals with misdemeanors and low-level felony records. Individuals who have been convicted of sexual offenses, family violence, and firearm-related crimes are not eligible for the erasure of those records under the new law.

Read more: https://www.jdsupra.com/legalnews/connecticut-clean-slate-law-brings-new-3669390

California’s Civil Rights Department Adds More Detail to Regulations Regarding Consideration of Applicants’ Criminal History

by Philippe A. Lebel, Michelle Lappen - Proskauer

In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy.  Most recently, the CRD released proposed modifications to the regulations under the Fair Employment and Housing Act (“FEHA”) related to the use and consideration of criminal history information in employment decisions—a process that is already exceedingly complicated thanks to overlapping privacy laws (e.g., the California Consumer Privacy Act), the Investigative Consumer Reporting Agencies Act, and local “ban the box” ordinances in Los Angeles and San Francisco.

Read more: https://calemploymentlawupdate.proskauer.com/2022/12/californias-civil-rights-department-adds-more-detail-to-regulations-regarding-consideration-of-applicants-criminal-history/#page=1