Category Archives: Hiring/Background Checks
Subscribe to Hiring/Background Checks RSS FeedNew York State Department of Labor Issues Proposed Regulations on Salary Transparency Law
On September 13, 2023, the New York State Department of Labor published proposed regulations on the state’s salary transparency statute that took effect on September 17, 2023. As we previously reported, the statute applies to covered employers who post a job, promotion, or transfer opportunity that can or will be performed, at least in part, … Continue Reading
Proposed Regulations Issued for New Jersey Temporary Workers’ Bill of Rights Law
As previously reported, the New Jersey Temporary Workers’ Bill of Rights Law (the “Law”) took full effect on August 5, 2023. In light of this, the New Jersey Department of Labor & Workforce Development (the “Department”) has proposed new rules to implement the Law. Below are some highlights of the proposed regulations that temporary help … Continue Reading
Court Rejects Attempt to Enjoin New Jersey Temporary Worker Law From Taking Effect
A District of New Jersey court has rejected an attempt by staffing agency industry groups to enjoin the majority of the provisions of the New Jersey Temporary Workers’ Bill Of Rights Law from taking effect. The denial by the court means that the bulk of the law’s provisions are set to take effect as scheduled … Continue Reading
DHS Rule Will Permit Remote I-9 Authorizations on a Permanent Basis
***UPDATE: The new edition of the Form I-9 has been released and can be found here.*** The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023. Historically, employers, or their “authorized representatives,” … Continue Reading
Colorado Amends Job Posting Notice Requirements Under Equal Pay for Equal Work Act
On June 5, 2023, Colorado Governor Jared Polis signed the Ensure Equal Pay for Equal Work Act (the “Amended Act”) amending the Equal Pay for Equal Work Act. The Equal Pay for Equal Work Act, which took effect on January 1, 2021, requires employers to make reasonable efforts to provide covered employees with certain notice … Continue Reading
Florida Poised to Mandate Use of E-Verify for Private Employers
*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
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
***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
***UPDATE: A District of New Jersey court has rejected an attempt by staffing agency industry groups to enjoin the majority of the provisions of the New Jersey Temporary Workers’ Bill Of Rights Law from taking effect. As such, the law will take full effect on August 5, 2023. New Jersey has launched a website to provide … Continue Reading
NYC Council to Consider Expanding the City’s Pay Transparency Law to Mandate Disclosures Regarding Bonuses, Equity and Other “Non-Wage” Compensation
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
As 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
Effective 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?
New 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
Employers 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
***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
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
***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
***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
NYC Commission on Human Rights Issues Updated Enforcement Guidance on Consideration of Criminal History in Hiring and Employment
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
New York State Department of Labor Publishes Guidance on Salary History Inquiry Law
Illinois Enacts Workplace Transparency Act
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
