Law and the Workplace

Category Archives: Hiring/Background Checks

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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, H. Ren 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

[Podcast]: Medical Marijuana and the Potential NYC New Law

By Evandro Gigante and Harris Mufson on Posted in Hiring/Background Checks, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss recently passed legislation by the New York City Council, which would prohibit some employers in NYC from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to make it … Continue Reading

Washington State Legislature 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
Washington is poised to become the ninth state to pass a law that would prohibit employers from asking job applicants about their salary history. The state legislature recently passed HB 1696, which would, among other things, prohibit employers from inquiring into the prior “wage or salary history” of an applicant for employment. The bill has … Continue Reading

New York City Council Passes Bill Limiting Pre-Employment Drug Testing for Marijuana

By Evandro Gigante and Jordan Simon on Posted in Hiring/Background Checks, Workplace Policies and Procedures
UPDATE: The bill was enacted on May 10, 2019 and will take effect on May 10, 2020. The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to … Continue Reading

Cincinnati, Ohio Passes Ban on Salary History Inquiries

By Arielle E. Kobetz and Evandro Gigante on Posted in Hiring/Background Checks
Cincinnati, Ohio recently became the latest jurisdiction to pass a law that prohibits employers from asking job applicants for their salary history. Under the Prohibited Salary History Inquiry and Use Ordinance (the “Ordinance”), employers with 15 or more employees located within the City of Cincinnati may not ask about or rely on the prior salary … Continue Reading

Suffolk County, New York Enacts Salary History Ban

By Arielle E. Kobetz and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The Suffolk County, NY Legislature has unanimously enacted a bill that will prohibit employers and their agents from inquiring about job applicants’ wage or salary history during the hiring process. The Restricting Information on Salaries and Earnings Act (the “RISE Act”) goes into effect on June 30, 2019. The RISE Act amends the Suffolk County … Continue Reading

Hawaii Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Hawaii Governor David Ige has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. In addition, the law prohibits employers from retaliating or discriminating against employees for, or restricting employees from, disclosing their own wages or discussing and inquiring about the wages of other employees. … Continue Reading

New Hampshire Expands Protections Against Discrimination to Include Gender Identity

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
gender identityNew Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018. The law will make it an unlawful discriminatory practice for an employer to: (i) refuse to hire or employ; (ii) bar or … Continue Reading

Connecticut Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
Connecticut Governor Dannel Malloy has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process.  The law will take effect on January 1, 2019. Under the law, employers will be prohibited from inquiring or directing a third party to inquire about a prospective employee’s wage history, … Continue Reading

Vermont Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
Paying WagesVermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees. The law will take effect on July 1, 2018. Under the law, employers and their agents will be prohibited from: inquiring about or seeking information regarding a prospective employee’s … Continue Reading

Massachusetts Modifies “Ban the Box” Law

By Laura Franks, Mark W. Batten and Samantha Regenbogen Manelin on Posted in Hiring/Background Checks
Massachusetts Governor Charlie Baker recently signed Senate Bill No. 2371, “An Act Relative to Criminal Justice Reform,” into law. The law will go into effect October 13, 2018.  Among the Act’s extensive criminal justice reform provisions are several important modifications to the “Ban the Box” anti-discrimination laws, outlined below, which will further restrict Massachusetts employers’ … Continue Reading

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

By Colin Kass, Lloyd B. Chinn, Laura Fant and Myra Din on Posted in Hiring/Background Checks, Non-Competes and Protection of Corporate Assets
On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action under the Trump Administration.  The DOJ’s pursuit of the matter reflects the Department’s continuing scrutiny of employment and hiring agreements between … Continue Reading

Westchester County, New York Enacts Salary History Inquiry Law

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The Westchester County, NY Board of Legislators has unanimously enacted legislation that will prohibit employers and their agents from relying on, requiring, requesting, or seeking information about a prospective employee’s wage history during the hiring process. The Wage History Anti-Discrimination Law (the “Law”) will become effective on July 9, 2018. The Law amends the Westchester … Continue Reading

Massachusetts Attorney General Issues Guidance on Updated Pay Equity Law

By Laura Franks, Mark W. Batten and Samantha Regenbogen Manelin on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The Massachusetts Office of the Attorney General recently issued guidance on the new amendments to the Massachusetts Equal Pay Act (“MEPA”), effective July 1, 2018. Although the guidance is extremely detailed and should be reviewed in full, employers should take note of the following details: Coverage The MEPA and amendments are substantial in scope, covering … Continue Reading

[Podcast]: Laws Governing Background Checks for Employers

By Harris Mufson and Michelle Gyves on Posted in Hiring/Background Checks, The Proskauer Brief Podcast
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates. In addition to FCRA, we also discuss how “ban the box” and credit check … Continue Reading
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