Hawaii Tightens Ban-the-Box Law, Further Limiting Use of Past Criminal History in Work Decisions

by Richard Greenberg and Andrew L. Pepper - The National Law Review

Hawaii has narrowed the scope of what employers can consider regarding an individual’s conviction history when making employment decisions. Hawaii employers have long been required to limit their consideration of felony and misdemeanor convictions to a 10-year lookback period, unless they fell within one of the statutory exemptions as part of its longstanding “ban the box” legislation. State law has further required employers to apply a “rational relationship” test before denying a prospective or current employee a position following a background check, which means an employer may only consider those convictions occurring in the permissible time period if there is a “rational relationship” between the convicted crime and the prospective job.

Read more: https://www.natlawreview.com/article/hawaii-tightens-ban-box-law-further-limiting-use-past-criminal-history-work

Legislature approves automatic expungement bills

by David Eggert - Associated Press

LANSING — Michigan would automatically expunge criminal records and ease the application process for those convicted of marijuana offenses under sweeping "clean slate" bills that received final legislative approval Thursday.

Read more: https://www.crainsdetroit.com/government/legislature-approves-automatic-expungement-bills

Recruiters’ legal obligations when workers switch occupations

by Carla Feakins - People Management

Covid-19 has driven rapid changes in the jobs market, with some roles now in extremely high demand while others are almost disappearing. Recently published data from the Office for National Statistics (ONS) highlights that between January and June 2020 more workers changed occupation than during the same period last year, with over half simultaneously moving into a different major industry.

Read more: https://www.peoplemanagement.co.uk/experts/legal/recruiters-legal-obligations-workers-switch-occupations?utm_source=mc&utm_medium=email&utm_content=PM_Daily_17092020.Employment+law:+Recruiters%E2%80%99+legal+obligations+when+workers+switch+occupations&utm_campaign=7295441&utm_term=5459367

New Castle might ban city job applicants with felonies

by Maria Basileo - New Castle News, The Herald

NEW CASTLE – To lower prison recidivism rates and help ensure everyone gets a second chance, cities and states nationwide have enacted so-called “ban-the-box” laws.

The laws aim to reduce chances that job applicants aren’t eliminated solely because of a criminal record, or crimes that may have occurred decades ago. An estimated one in six U.S. adults has a felony on his or her record.

Read more: https://www.sharonherald.com/news/local_news/new-castle-might-ban-city-job-applicants-with-felonies/article_70fe58b4-bf65-5ffe-b6f1-8fc80a040791.html

CFPB California Style: The California Consumer Financial Protection Law Brings More Providers of Consumer Financial Products and Services Into the Regulatory Tent

by Nancy R. Thomas and Joseph Gabai - Morrison Foerster

On August 31, 2020, the California legislature passed the California Consumer Financial Protection Law (CCFPL). The law reflects Governor Newsom’s vision of a much more powerful banking agency with new registration authority, UDAAP authority mirroring the authority of the CFPB, and expanded enforcement authority. But important amendments adopted by the legislature will exempt many regulated entities from the scope of the law and will impose limits on the new Department of Financial Protection and Innovation’s (DFPI) exercise of its authority.

Read more: https://www.mofo.com/resources/insights/200901-cfpb-california-consumer-financial-protection-law.html

Blockchain’s Role In Reshaping The Future Of Work

by Emily He - Forbes

With unemployment numbers at record highs, millions of people around the world are embarking on the daunting task of job hunting – which is even more challenging for both candidates and recruiters in today’s world of remote work.

Read more: https://www.forbes.com/sites/emilyhe/2020/09/01/blockchains-role-in-reshaping-the-future-of-work/#f0527a22c801

Technology’s Impact on Background Screening Process

by Team Writer - Tech Funnel

Technology is impacting virtually everything in our world today, so it is no surprise that it has revolutionized the way background screening is done. One of the most significant impacts technology has on background screening is the speed at which it can be completed. Whats once took days, or even weeks to months to investigate thoroughly can now be found almost instantly.

Read more: https://www.techfunnel.com/hr-tech/how-technology-is-changing-the-background-screening-process/

Make It Clear, Make It Broad: The D.C. District Court Determines A Plaintiff Has Standing To Pursue FCRA Claims Against His Former Employer Based On A Background Check Used To Justify His Termination

by Jesse Taylor - The National Law Review

The latest entry in a nearly decade-long dispute between a plaintiff and his former employer and manager, Mattiaccio v. DHA Grp., Inc., 2020 U.S. Dist. LEXIS 129464 (D.D.C. July 21, 2020) is an in-depth analysis of standing under the FCRA in the face of unclear pleading by a pro se litigant.

Read more: https://www.natlawreview.com/article/make-it-clear-make-it-broad-dc-district-court-determines-plaintiff-has-standing-to

New Bill Would Delay Criminal Background Checks On Job Candidates

by Alessia Grunberger - Patch

ROCKVILLE, MD — Montgomery County lawmakers are considering a bill that would prohibit employers from asking certain job applicants about their criminal history and conducting background checks prior to extending a conditional offer.

Read more: https://patch.com/maryland/rockville/new-bill-would-delay-criminal-background-checks-job-candidates

Criminal record will no longer bar people outright from seeking occupational licenses in R.I.

by Madeleine List - Providence Journal

PROVIDENCE — Mark Gonsalves knows that as a licensed social worker or case manager, he could do even more to help people with mental health conditions and substance-use disorders. But his criminal record, which includes multiple drug- and alcohol-related charges and a history of on-and-off incarceration dating back to 1988, has held him back from obtaining the occupational licenses he needs. A bill passed last week by the General Assembly is about to change that.

Read more: https://www.providencejournal.com/news/20200720/criminal-record-will-no-longer-bar-people-outright-from-seeking-occupational-licenses-in-ri