Legislative Alert

ENACTED LEGISLATION

DES MOINES, IOWA: Ban the Box law passed

Summary: Ordinance No. 16,083 makes it illegal for employers to include criminal history inquiries on an application or during an interview, or to perform criminal background checks before extending a conditional offer of employment. The law implements an exception that allows for employers to discuss criminal records if the applicant voluntarily discloses them.

Impact(s): Des Moines employers

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WASHINGTON, DC: Employers prohibited from taking adverse action against employees' off duty marijuana use

Summary: A Cannabis Employment Protections Amendment Act of 2022 was passed by the Washington DC City County prohibiting employers from taking adverse action against employees based upon: lawful, off-duty use of cannabis; an employee's status as a medical cannabis program patient; or the presence of cannabinoid metabolites on a drug test. Exceptions permit employers to take adverse action where the employer is required to comply with a federal law or regulation, or where an employee is in a position designated as safety sensitive.

For non-exempt positions, an employer may prohibit an employee from using cannabis in the workplace while performing work for the employer or during the employee's working hours and/or from coming into work or working while impaired.

Impact(s): Washington, DC employers

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PROPOSED LEGISLATION

NEW YORK: New law proposed to require disclosure of salary range and job description

Summary: On June 3, 2022, the New York Legislature passed SB 9427 which, if signed, will require employers to disclose the salary range and job description for each position posted or advertised. If commission-based, the employer must state that compensation will be based on a commission instead of a fixed amount. The new law will also include an anti-retaliation provision prohibiting an employer from refusing to interview, hire, or employ an applicant for exercising their rights under the law.

Impact(s): New York employers

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