| ENACTED LEGISLATION |
| FEDERAL: Federal spending law allows camps and children's organizations to gain access to federal records on new employees and volunteers |
| Summary: U.S. Senate Minority Leader Charles E. Schumer announced the recently passed federal spending bill includes legislation that, for the first time, allows nonprofit organizations like summer camps, after-school programs, and other children's and youth-serving organizations to gain access to federal sex offender background checks on new employees and volunteers. |
| Impact(s): Children's and youth-serving organizations |
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| MICHIGAN: Michigan law prohibits local governments from implementing "Ban the Box" policies and salary history bans |
Summary: Michigan Gov. Rick Snyder signed a bill that forbids local governments from limiting the questions businesses can ask during job interviews, bucking the trend of states and municipalities to implement "Ban the Box" policies or laws prohibiting employers from asking applicants about their salary histories. Specifically, S.B. 353 provides that a local governmental body "shall not adopt, enforce, or administer an ordinance, local policy, or local resolution regulating information an employer or potential employer must request, require, or exclude on an application for employment or during the interview process from an employee or a potential employee."
Notably, the new law does not bar any ordinance, local policy, or local resolution that would require a criminal background check for an employee or potential employee in connection with the receipt of a license or permit from a local governmental body.
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| Impact(s): Michigan employers |
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| SAN FRANCISCO: City amends "Ban the Box" law to align with portions of California's new statewide requirements |
| Summary: San Francisco has amended its Fair Chance Ordinance (Article 49), which bars employers from asking about an applicant's conviction history, to align it, in some respects, with California's new statewide "Ban the Box" law. It lowers the number of employees needed to qualify as a covered "employer" from 20 to five. The FCO also prohibits employers from inquiring into conviction history until after a conditional offer of employment. Prior to the new amendments, the FCO allowed an employer to ask about conviction history after a live interview. The amendment also prohibits employers from inquiring about, requiring disclosure of, or basing employment decisions on convictions for decriminalized behavior, including the noncommercial use and cultivation of cannabis. In addition, the new amendment will increase the penalties imposed on employers who do not comply with the ordinance from $50 to $500 for the first violation, $1,000 for the second and $2,000 for further violations. |
| Impact(s): San Francisco employers |
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| WESTCHESTER COUNTY, NEW YORK: County passes law that bans salary history questions in interviews |
| Summary: The Wage History Anti-Discrimination bill, which passed by a vote of 16–0, will prohibit Westchester businesses from asking about a prospective employee's salary history in a job application or interview. |
| Impact(s): Westchester County employers |
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| PROPOSED LEGISLATION |
| MARYLAND: Maryland considers enacting salary history ban |
| Summary: Lawmakers in Maryland are considering a bill that would prohibit employers from seeking salary history from prospective employees. House Bill 512 would prohibit employers from obtaining wage history information from applicants and from screening an applicant for employment based on salary history. |
| Impact(s): California employers |
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| NEW YORK: Governor pushes for ban on salary history questions |
| Summary: Gov. Andrew Cuomo is pushing for a statewide ban on the salary history question, advancing legislation to prohibit all employers, public and private, who do business in the state of New York, from asking prospective employees about their salary history and compensation. The legislation builds on an executive order Gov. Cuomo signed last year, prohibiting state agencies from using salary history in evaluating potential employees. |
| Impact(s): New York employers |
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| PENNSYLVANIA: Proposed bill would create adverse action notification requirement |
| Summary: Sen. Stewart Greenleaf introduced SB 1043, which if passed, would require an employer to "notify in writing the employee if an adverse employment decision is based in whole or in part on criminal history record information." |
| Impact(s): Pennsylvania employers |
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| RHODE ISLAND: State considers enacting salary history ban |
| Summary: SB 2475 would ban employers from asking an applicant for salary history information unless it is used solely for the purpose of confirming the applicant's wage after an offer of employment with compensation has been made to the applicant. An employer would be prohibited from relying on wage history of an applicant in determining wages to be paid upon hire unless the applicant voluntarily provides that information in support of a higher wage than the wage offered. The bill would also protect against pay discrimination based on gender, race, age, sexual orientation, country of origin and religion. |
| Impact(s): Rhode Island employers |
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