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.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
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!