August 2018 compliance updates

By Michael Klazema on 9/10/2018

California Senate Bill 1412, regarding Expungement
This bill does not prohibit an employer from asking an applicant about, or seeking from any source information regarding a particular crime conviction of the applicant if, pursuant to the state or federal law, (1) the employer is required to obtain information regarding the particular conviction of the applicant, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, (2) the applicant would be required to possess or use a firearm in the course of his or her employment, (3) an individual with that particular conviction is prohibited by law from holding the position sought, regardless whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, or (4) the employer is prohibited by law from hiring an applicant who has that particular conviction, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation. This bill was ordered to third reading on 8/23/2018.

Connecticut House Bill 5386, regarding Wage Equity
This bill prohibits a third party to inquire about a prospective employee’s wage and salary history before an offer of employment. This Public Act 18-8 will become effective on January 1, 2019.

Georgia Senate Bill 406, regarding Long-Term Care Background Check
This bill will enact the “Georgia Long-Term Care Background Check Program” and provide for comprehensive criminal background checks for owners, applicants for employment, and employees providing care or owning a personal care home, assisted living community, private home care provider, home health agency, hospice care, nursing home, skilled nursing facility, or an adult day care as recommended by the Georgia Council on Criminal Justice from liability Act 420 was passed on 5/8/2018 and reviewed.

Hawaii Senate Bill 2351, regarding Wage Equity
This bill prohibits prospective employers from requesting or considering a job applicant’s wage or salary history as part of an employment application process or compensation offer. The bill also prohibits enforced wage secrecy and retaliation or discrimination against employees who disclose, discuss, or inquire about their own or coworkers’ wages. Effective Date 1/1/2019 On 7/6/2018 and 7/5/2018 (Gov. Msg. No. 1209), Act 108 was amended.

Illinois House Bill 4163, regarding Wage Equity
This bill amends the Equal Pay Act of 2003. It prohibits an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief. On 8/7/2018, this bill was sent to the Governor.

Kansas City, Missouri Ordinance NO. 180034, regarding Ban – the – Box
This ordinance amends Chapter 38, Code of Ordinances, by adding new Section 38-104, for the purpose of defining illegal employment and housing actions based on criminal history and use of criminal records. On 2/1/2018, this was adopted.

Massachusetts House Bill 713, regarding Criminal records
This bill relates to the criminal offender record information. This bill accompanied a study order on 8/9/2018, see H4874.

Massachusetts Senate Bill 2371, regarding Ban-the-Box
This bill amends Massachusetts ban the box policy by adjusting the timeframes to when an employer may seek information on a misdemeanor conviction and prohibit employers from asking applicants information about sealed or expunged criminal records. On 4/13/2018, this was s igned by the Governor, Chapter 69 of the Acts of 2018. This will become effective on October 13, 2018.

Massachusetts House Bill 4806, regarding Security Breaches
This bill relates to consumer protection from security breaches by removing fees for security freezes and disclosures of consumer credit reports. On 8/6/2018, this bill was referred to the House Committee on Bills in the Third Reading.

Michigan Senate Bill 353, regarding Un-Ban-the-Box
This Act amends 2015 PA 105 by prohibiting local units of government from adopting or enforcing any local policy, resolution, or ordinance that regulates what a prospective employer must require, or exclude during the interview process or on an application for employment. On 4/10/2018, this was assigned Pa 0084’18 with Immediate Effect, and was effective June 24, 2018.

North Carolina House Bill 774, regarding Certificate of Relief
This bill amends the certificate of relief by providing protection to employers from most employment-related negligence claims when hiring a person with a certificate of relief only if the employer relied on the certificate of relief at the time of the alleged negligence. On 6/25/2018, Ch. SL 2018-79 was read.

Pennsylvania House Bill 1419, regarding Expungement
This bill amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in criminal history record information, further providing for general regulations and for order for limited access and providing for clean slate limited access, for exceptions, for order to vacate order for limited access, for effects of expunged records and records subject to limited access and for employer immunity from liability. On 6/28/2018, Act No. 56 was read.

South Carolina House Bill 3209, regarding Expungement
This bill provides immunity for employers who hire persons whose criminal records have been expunged. On 6/27/2018, it was decided that this would become effective on 12/27/2018.

Washington House Bill 1298, regarding Ban-the-Box
This bill prohibits employers from asking about arrests or convictions before an applicant is determined otherwise qualified for a position. On 3/13/2018, the Governor signed the “Washington Fair Chance Act.” This became effective June 7, 2018.

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