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September 2017 compliance update

By Michael Klazema on 10/11/2017
(Federal) Senate Bill 842, regarding Ban-the-Box
This bill prohibits Federal agencies and Federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer, and for other purposes. It was placed on the Senate Legislative Calendar under General Orders on 9/25/2017.

California Assembly Bill 168, regarding Wage Equity
This bill would prohibit an employer, including state and local government employers, from seeking salary history information about an applicant for employment, except as otherwise provided. The bill would require an employer, except state and local government employers, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would specify that a violation of its provisions would not be subjected to the misdemeanor provision. It was enrolled and presented to the Governor on 9/25/17.

California Assembly Bill 1008, regarding Employment Screening
This bill adds Section 12952 to the Government Code and repeals Section 432.9 of the Labor Code, relating to employment discrimination. It was enrolled and presented to the Governor on 9/26/17.

California Senate Bill 393, regarding Sealed Records
This bill would authorize a person who has suffered an arrest that did not result in a conviction to petition the court to have his or her arrest sealed and not expunged. It was enrolled and presented to the Governor on 9/21/17.

Ohio House Bill 6, regarding Criminal History Information
This bill prohibits a person who publishes or disseminates criminal record information from soliciting or accepting a fee to remove, correct, modify, or refrain from publishing or otherwise disseminating the information. It further provides criminal and civil remedies for a violation of the prohibition. It passed on 9/27/16

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  • February 15 — The University of Illinois conducted 11,700 background checks on candidates and new employees in 2017. Of those checks, 35 prompted the university to rescind its job offers.
  • February 13 — The National Limousine Association recently put out a press release calling out ridesharing companies like Uber and Lyft for sub-standard background checks. The organization is campaigning for a legislative push that to require such companies to implement fingerprint background checks and universal drug screenings.
  • February 09 — San Francisco’s District Attorney office recently announced plans to dismiss and expunge thousands of marijuana offenses. The crimes were on the books before San Francisco’s Proposition 64, which decriminalized many marijuana drug offenses.
  • February 07 — Virginia’s House of Delegates recently passed three bills with the stated goal of improving and simplifying the adoption process in the state. The first of these bills requires circuit courts to conduct and consider national criminal background checks before proceeding with adoptions.
  • February 02 — Schenectady is looking to make criminal background checks and fingerprinting mandatory for all city job applicants. Right now, the city only has a resolution in place, which does not allow it to access the state’s criminal history database.
  • January 26 — What can employers learn from the Larry Nassar sex abuse scandal? The case is rife with implications for employment law, due diligence, negligence, and liability. 

  • January 22 — Colorado legislators are voting on whether to join the Enhanced Nurse Licensure Compact. The Compact allows nurses to work across state lines in more than 26 states if they have passed the required background checks.
  • January 17 — A San Antonio nonprofit failed to conduct background checks on a staff accountant recently accused of embezzling from the organization. The employee had previously been convicted of felony bank fraud.
  • January 08 — A Denver Public Schools bus driver lost her job after crashing a school bus while talking on the phone. The incident brought the driver’s past misdemeanor charge to light and raised questions about whether the woman should have been driving a school bus at all.
  • January 04 — As of New Year’s Day, daycares in Nevada must follow multiple new statewide regulations. Among the stipulations are expanded background checks and training for daycare employees.