Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 22, 2014
The Firm
201-896-4100 info@sh-law.comNew Jersey may soon be the latest state to “ban the box.” Late last month, the state legislature passed the Opportunity to Compete Act, which would restrict the use of criminal background checks by New Jersey employers. The bill now awaits Gov. Chris Christie’s signature.
Six states—Hawaii, California, Connecticut, Massachusetts, Minnesota and New Mexico—have previously passed measures to remove barriers to employment for individuals with criminal records by restricting the use of criminal background checks by employers. These laws “ban the box” by eliminating the check box on many employment applications that requires applicants to disclose whether they have a criminal conviction in their background.
Under the proposed New Jersey employment law, employers would be prohibited from making certain inquiries into an applicant’s criminal background during the early stages of the hiring process. They would also be precluded from publishing an advertisement soliciting candidates for employment that states that the employer will not consider a candidate who has been arrested for or convicted of a crime or offense. However, the bill headed to Gov. Christie’s desk is more employer-friendly that the initial measure proposed in December 2013.
Amendments to the bill allow an employer to make inquiries regarding a job applicant’s criminal record after the conclusion of the initial application process, which is defined as ending when the employer has conducted a first interview of the applicant. The initial version permitted the employer to make those inquiries only after selecting the applicant as the employer’s first choice to fill the position.
The amendments also eliminate all restrictions on what types of criminal background information employers can seek, and rely upon, once the initial application process ends, including information about offenses which occurred longer ago than specified periods of time, information about minor nonviolent offenses and information about arrests or accusations without convictions. However, records that have been expunged or erased through executive pardon may still not be considered.
Employers are also no longer required to consider, and “discuss in good faith with an applicant,” information regarding the accuracy of criminal record information, the degree of rehabilitation or good conduct of the applicant, the nature of the offense and how long ago it occurred, the duties and setting of the job, and other information provided by the applicant.
As in the initial proposal, employers who violate the law are subject to a civil penalty of up to $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation. There is still no private cause of action for aggrieved applicants.
We will be closely tracking the status of the bill and will provide updates when they become available.
If you have any questions about the proposed ban the box legislation or would like to discuss your company’s hiring practices, please contact me, Ramon Rivera, or the Scarinci Hollenbeck Labor and Employment attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!