Law and the Workplace

Category Archives: Hiring/Background Checks

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Florida Poised to Mandate Use of E-Verify for Private Employers

By Evandro Gigante, Jurate Schwartz, Laura Fant and Madonna Snowden on Posted in Hiring/Background Checks, Immigration
*Update: On May 10, 2023, Governor Ron DeSantis signed SB 1718 into law.* The Florida Legislature has passed a bill that, if enacted, will require private employers with 25 or more employees to use the federal E-Verify system to verify the employment eligibility of newly hired employees beginning July 1, 2023. The bill, SB 1718, … Continue Reading

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 Gigante, Laura Fant and Margo Richard on Posted in Hiring/Background Checks
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.” This proposed … Continue Reading

UPDATED: New York State Enacts Amendments to Pay Transparency Law Taking Effect Later This Year

By Allan Bloom, Evandro Gigante, Laura Fant and Scott Tan on Posted in Hiring/Background Checks, Pay Equity
***UPDATE: Governor Hochul signed the amendments into law on March 3, 2023.*** The New York State Legislature has approved chapter amendments to  New York State’s pay transparency law, which is slated to take effect on September 17, 2023.  The most notable revision would provide that the law applies to remote positions physically performed outside of … Continue Reading

UPDATED: New Jersey Enacts Temporary Workers’ Bill Of Rights Law

By Evandro Gigante, Laura Fant and Margo Richard on Posted in Hiring/Background Checks, Workplace Policies and Procedures
***UPDATE: New Jersey has launched a website to provide additional guidance on the new law, found here.  Additional guidance is also expected nearing the August 5 implementation date for many of the laws provisions.*** On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights (A1474/S511) into law. The law … Continue Reading

NYC Council to Consider Expanding the City’s Pay Transparency Law to Mandate Disclosures Regarding Bonuses, Equity and Other “Non-Wage” Compensation

By Allan Bloom, Evandro Gigante, Laura Fant and Hannah Morris on Posted in Hiring/Background Checks
A proposed ordinance has been introduced before the New York City Council to significantly expand the existing NYC pay transparency law. As we have previously reported, the current law requires most New York City employers to disclose the minimum and maximum salary or hourly wage for open roles in postings for job, promotions or transfer … Continue Reading

Looking Ahead to 2023: Pay Transparency Developments

By Allan Bloom, Evandro Gigante, Laura Fant, Arielle E. Kobetz and Theresa Madonna on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Paying WagesAs we previously reported, as of November 1, 2022, New York City’s salary transparency law requires covered employers who advertise or post a job, promotion, or transfer opportunity for a role that can or will be performed, at least in part, in NYC to disclose in such advertisement of posting the minimum and maximum annual … Continue Reading

Westchester County, NY Pay Transparency Law Takes Effect

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Pay Equity
Paying WagesEffective November 6, 2022, the Westchester County (NY) Human Rights Law is amended to require that employers with at least four employees that are posting job, transfer or promotion opportunities which “are required to be performed, in whole or in part, in Westchester County, whether from an office, in the field, or remotely”** state the … Continue Reading

UPDATE: New York City’s Pay Transparency Law Is Here – Are You Ready?

By Allan Bloom, Evandro Gigante, Laura Fant, Theresa Madonna and Scott Tan on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Pay Equity, Workplace Policies and Procedures
Paying WagesNew York City’s pay transparency law, which requires most New York City employers to disclose salary ranges in their job postings, took effect on November 1, 2022. As we previously reported, the new law amends the New York City Human Rights Law to require covered employers who post a job, promotion, or transfer opportunity for … Continue Reading

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

By Joseph O’Keefe, Edward Young and Dixie Morrison on Posted in Artificial Intelligence, Hiring/Background Checks
artificial intelligenceEmployers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job applicants. We have previously blogged about the legal risks attendant to the use of such technologies, including here and here. On May 12, 2022, … Continue Reading

UPDATED: NYC Council Approves Salary Disclosure Law Amendment to Delay Effective Date

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Hiring/Background Checks, Workplace Policies and Procedures
Paying Wages***UPDATE: Mayor Adams signed the bill into law on May 12, 2022.  It takes effect immediately.*** The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings.  The bill amends several aspects of the law, including, notably, extending … Continue Reading

NYC Commission on Human Rights Issues Guidance on Salary Disclosure Law

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law. As we previously reported, the new law will make it an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL) for a covered employer or its … Continue Reading

Bill Introduced to Amend (and Delay Effective Date of) NYC Salary Disclosure Law

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Paying Wages***UPDATE: A revised version of this bill has been approved by the NYC Council.  Read more here.*** A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings. As we previously reported, the new law will make it an unlawful discriminatory … Continue Reading

New York City Council Approves Bill Requiring Including Salary Ranges in Job Postings

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Paying Wages***UPDATE: The bill was enacted into law on January 15, 2022 upon no action by the Mayor.  The law takes effect on May 15, 2022.*** The New York City Council has approved a bill that would require NYC employers with four or more employees to include in job postings – including those for promotion or … Continue Reading

Louisiana Enacts Workplace Protections for Employees Disabled Due to Pregnancy and Limits the Use of Criminal Background Checks in Hiring

By Nicole Eichberger, Margaret Swetman and Eric Novak on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Louisiana employers should be aware of two new laws which went into effect on August 1, 2021.  The first, Act 393, provides for reasonable accommodations of employees who become temporarily disabled due to certain pregnancy-related medical conditions.  It amends Louisiana Revised Statutes §§ 23:341 and 23:342 and enacts § 23:341.1, which apply to employers who … Continue Reading

NYC Commission on Human Rights Issues Updated Enforcement Guidance on Consideration of Criminal History in Hiring and Employment

By Evandro Gigante and Laura Fant on Posted in Hiring/Background Checks, Workplace Policies and Procedures
The New York City Commission on Human Rights (the “Commission”) has issued updated legal enforcement guidance on the NYC Fair Chance Act (“FCA”) and employers’ consideration of criminal history in hiring and during employment. The updated guidance, which does not have the force of law but which provides significant insight into the Commission’s interpretation of … Continue Reading

Supreme Court: “Concrete Injury” Required for Standing in Federal Court

By Steven J. Pearlman, Samantha Shear and Edward Young on Posted in Hiring/Background Checks
On June 25, 2021, the United States Supreme Court held that class members who could not establish “concrete harm” flowing from alleged statutory violations of Federal Credit Report Act (“FCRA”) lacked Article III standing to seek relief in federal court. (Transunion LLC v. Ramirez, No. 20-297 (U.S. June 25, 2021). Factual Background Plaintiff alleged that … Continue Reading

New York State Department of Labor Publishes Guidance on Salary History Inquiry Law

By Arielle E. Kobetz, Alex Downie and Evandro Gigante on Posted in Hiring/Background Checks
The New York State Department of Labor (NYSDOL) has published guidance on the state’s salary history inquiry law, which went into effect on January 6, 2020. As we previously reported, the law prohibits employers from: Relying on the wage or salary history of an applicant in determining whether to offer employment to such individual or … Continue Reading

Illinois Enacts Workplace Transparency Act

By Caralyn M. Olie, Edward Young and Steven J. Pearlman on Posted in Hiring/Background Checks, Workplace Policies and Procedures
On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law.  The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after January 1, 2020.  Here are the key features with respect to arbitration agreements, employment agreements and separation agreements that Illinois … Continue Reading

Illinois Bans Salary History Inquiries

By Edward Young, Hannah Morris and Steven J. Pearlman on Posted in Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
On July 31, 2019, Illinois Governor J.B. Pritzker signed into law House Bill 834 (the “Bill”), which amends the Illinois Equal Pay Act of 2003 (“IEPA”) to prohibit employers from inquiring into a job applicant’s salary history.  The law becomes effective on September 29, 2019. Prohibition on Salary History Inquiries Illinois’s new ban on salary … Continue Reading

New Jersey Becomes the Latest Jurisdiction to Enact Ban on Salary History Inquiries

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
The push to eliminate inquiries into job applicants’ salary history continues, as New Jersey has enacted a statewide law that will restrict employers from obtaining and utilizing applicants’ salary history information during the hiring process. The new law, which will take effect on January 1, 2020, will make it an unlawful employment practice for any … Continue Reading

Toledo, Ohio Passes Ban on Salary History Inquiries

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Toledo, Ohio is the latest jurisdiction (and the second city in Ohio) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which is scheduled to take effect on June 25, 2020, will apply to employers with fifteen or more employees in Toledo, and will prohibit such employers and their … Continue Reading

Colorado Enacts Laws Regarding Pay Equity, Salary History and Criminal Background Inquiries

By Allan Bloom and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The Colorado legislature has been quite active in recent weeks, passing several new employment laws, many of which reflect nationwide trends. Among other things, the new laws address discriminatory pay disparities, salary history inquiries and criminal background checks. Pay Disparity Effective January 1, 2021, the Equal Pay for Equal Work Act (the “Act”) will prohibit … Continue Reading

New York State to Enact Ban on Salary History Inquiries

By Arielle E. Kobetz and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019.  The law will take effect on January 6, 2020. In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and … Continue Reading

Kansas City, Missouri Passes Ban on Salary History Inquiries

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Kansas City, Missouri is the latest jurisdiction (and the second Midwestern city in recent weeks) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which takes effect on October 31, 2019, will apply to employers in Kansas City with six or more employees, and will prohibit such … Continue Reading
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