Uber Technologies, Inc. has been sued in a class action lawsuit alleging the company’s use of criminal background checks discriminates against Black and Latinx drivers. The complaint, filed in the U.S. District Court for the Southern District of New York on April 8, challenges Uber’s “unlawful use of criminal history to discriminate against its drivers in New York City as well as its brazen noncompliance with human rights and fair credit laws.”
Continue Reading Gig Employer Hit with Background Check Class Action

In January 2021, New York City amended the Fair Chance Act to expand protections for both applicants and employees with criminal histories.  The amendments take effect July 29, 2021, adding additional protections for workers in the state. 
Continue Reading New York City Expands Protections For Applicants and Employees With Criminal Histories

Imagine this: you are an employer in California, and you recently hired a new employee.  You ran your own background check, which did not turn up any criminal convictions.  However, the employee’s job duties include submitting online applications to a government agency, which requires the employee to complete a Live Scan background check with the Department of Justice.  The Live Scan reveals that the employee has a past criminal conviction that will prevent her from submitting the applications.  You terminate the employee, and she tells you the conviction was judicially dismissed.  What do you do?
Continue Reading Dismissed Criminal Convictions in California

Nationwide, 36 states and over 150 municipalities have adopted “ban the box” laws that prohibit employers from asking applicants about their conviction or arrest records on their initial applications.  This article provides updates on recent changes and updates in Hawaii, California, and St. Louis, Missouri.
Continue Reading More States and Localities Enact and Strengthen Ban the Box Laws

Virginia has enacted several new labor and employment laws that are poised to dramatically change the legal landscape for employers in Virginia, including enacting “ban the box” legislation for simple possession of marijuana. 
Continue Reading Virginia Enacts “Ban the Box” Legislation for Marijuana Possession Arrests, Charges, and Convictions

On December 17, 2019, the Fair Chance to Compete for Jobs Act of 2019 was signed by the President as an amendment to the National Defense Authorization Act.  This federal “ban-the-box” law proscribes federal agencies and contractors from asking about a job applicant’s criminal history until after they make a conditional offer of employment.
Continue Reading The Federal “Ban the Box” Law Is Enacted While Evidence Suggests that Such Laws Do Not Have the Intended Consequences

Illinois joined a handful of other states when its prohibition on employer inquiries into applicants’ prior wage or salary information took effect this week. Under the law, no employers in Illinois can ask about the wage or salary histories of job applicants.
Continue Reading Illinois Bans Employer Inquiries on Salary History, Continues Trend

On April 3, 2018, San Francisco amended its Fair Chance Ordinance, the city and county’s so-called “ban-the-box” legislation that limits how private employers can use an applicant’s criminal history in employment decisions.  The amendments, which take effect on October 1, 2018, expand the scope and penalties of the San Francisco ordinance and add to the growing framework of ban-the-box legislation across California.
Continue Reading San Francisco Sharpens the Teeth of its “Ban-the-Box” Ordinance and Adds to California’s Growing Ban-the-Box Framework