Legislative Alert

ENACTED LEGISLATION

ALABAMA: Law allowing for expungement of felony and misdemeanor convictions passed

Summary: Effective July 1, 2021, the REDEEMER Act will allow for the expungement of criminal convictions of certain misdemeanor offenses, traffic violations, municipal ordinances, and felony offenses. An individual may file a petition to expunge their record under certain circumstances detailed in the Act. In addition, felony convictions may be expunged if certain criteria are met. After an offense or conviction record has been expunged, the record will still be available to certain agencies including a criminal justice agency, a district attorney, utilities, Department of Human Resources for purposes of investigation or assessment to protect children or vulnerable adults, banking, insurance and other financial institutions as required by federal or state law, and officers of the court for use in certain court proceedings.

Impact(s): Alabama employers

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CONNECTICUT: Employers prohibited from asking job applicants for salary history

Summary: HB 6380, effective October 1, 2021, prohibits employers from asking prospective employees about their salary history and requires employers to disclose pay ranges for open jobs. The law further allows employees to freely discuss wages with co-workers without fear of retaliation by the employer.

Impact(s): Connecticut employers

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PROPOSED LEGISLATION

CALIFORNIA: Criminal records background checks limited to prior four years

Summary: SB 731, if passed, would limit access to criminal records in California to only the last four years and prevent California employers from conducting background checks on prospective employees beyond a four-year timeframe. The law would implement a system that includes (1) the automated sealing of all arrest records that do not result in conviction and (2) phased relief for conviction records by expanding record sealing to all sentences following completion of terms of incarceration, post-release supervision, and an additional period of time.

Impact(s): California employers

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ORDERS

CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS FOURTH JUDICIAL CIRCUIT: Class action filed for violation of Amendment 98 of the Arkansas Constitution

Summary: An Arkansas hospital filed a motion for judgment on the pleadings in a class action case that involved a claim wherein Plaintiff alleged that the hospital violated Amendment 98 of the Arkansas Constitution. Plaintiff argued that the violation occurred because the hospital rescinded a job offer for a mental health tech I position after the plaintiff tested positive for marijuana. The defendant-hospital is arguing that the job is classified as "safety sensitive" and is therefore exempt from Amendment 98. Plaintiff further claims that the hospital did not "designate in writing" that the job was a "safety sensitive position" that permitted the hospital to decline hiring anyone who tested positive for marijuana.

Impact(s): Arkansas employers

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