Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJDOL Publishes “Ban the Box Regulations”

Author: Scarinci Hollenbeck, LLC

Date: March 12, 2015

Key Contacts

Back

The New Jersey Department of Labor (NJDOL) recently released implementing regulations for the New Jersey Opportunity to Compete Act. As New Jersey employers should be aware, the state’s “ban the box” law took effect on March 1, 2015.

Under the Opportunity to Compete Act, New Jersey employers are precluded from inquiring about job applicant’s criminal background during the initial employment application process. They are also precluded from publishing job advertisements stating that they will not hire workers who have been arrested for or convicted of a crime.

The NJDOL’s proposed regulations clarify a number of lingering questions regarding the law. Below is a brief summary:

Covered employers:

The law applies to any person, company, corporation, firm, labor organization, or association which has 15 or more employees over 20 calendar weeks and does business, employs persons, or takes applications for employment within New Jersey. Under the proposed rule, 15 or more employees over 20 calendar weeks” means 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

Covered employment:

The statute only applies if the physical location of the prospective employment is in whole, or substantial part, within New Jersey. The rule clarifies that the physical location of the prospective employment will be considered in “substantial part” within the state if the employer has reason to believe at the outset of the initial employment application process that the percentage of work hours which will be spent performing work functions within New Jersey by the employee will equal or exceed 50 percent of his or her total work hours.

Violations:

Under the proposed rule, an employer violates the Opportunity to Compete Act when an employer makes any oral or written inquiry to anyone, including to the applicant, during the initial employment application process regarding an applicant’s criminal record. However, if an applicant voluntarily discloses information about his or her criminal record, the employer may make inquiries to anyone, including to the applicant, during the initial employment application process regarding the applicant’s criminal record.

Administrative penalties:

In determining what constitutes an appropriate administrative penalty for a particular violation, the proposed rule sets forth that the NJDOL will consider the following factors: the seriousness of the violation, the past history of previous violations by the employer, the good faith of the employer, the size of the employer, and any other factors which are deemed to be appropriate under the circumstances.

The proposed rule also provides that employers will have the opportunity to appeal the penalty assessment to the NJDOL Commissioner.

The rule will be published in in the New Jersey Register on March 16, 2015. Accordingly, it is important to highlight that the draft rule proposal is not binding until the 60-day comment period expires and the rule is finalized.

According to the NJDOL, it published the rule early to “assist the regulated community in its efforts to comply with the Opportunity to Compete Act in that it should eliminate some confusion as to how the Department interprets the law and the method by which the Department intends to enforce the law.”

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!