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.”
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.
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
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.
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
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.
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
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.
by Katie Wedell - USA Today
Bethany Hallam has made no secret about her past struggles with drug addiction. She ran for her seat on the Allegheny County Council in Pennsylvania on a platform of improving the county's jail and public transportation system because she'd spent time in that jail and lost her driver's license for a time.
So, she was confused in September when she attempted to book a short-term stay in Florida through Airbnb – something she'd successfully done many times in the last six years – only to have her reservation canceled and her account banned because of a past criminal conviction discovered on a background check.
Read more: https://www.usatoday.com/story/travel/2022/12/11/airbnb-bans-criminal-background-checks/10751848002/
by Chris Marr, Robert Iafolla - Bloomberg Law
‘Clean Slate’ Legislation|Covid Litigation Update
Chris Marr: Laws aimed at improving the employment prospects of people with criminal records could be set to spread next year in state legislatures, after three new states passed “clean slate” measures in 2022.
Advocates are pushing New York lawmakers to pass a bill early in 2023 that would automatically seal a person’s criminal record a few years after they’ve served out their sentence, with the time period varying based on the severity of the crime. It’s one of several states with active efforts to pass such a law. California, Colorado, and Oklahoma each passed clean slate laws this year, bringing the count to eight states, according to the Clean Slate Initiative.
