ENACTED LEGISLATION |
COLORADO: Law enacted requiring certain applicants to submit to name-based criminal history check |
Summary: Effective Oct. 1, 2019, HB 19-1166 will require certain individuals to submit to a name-based criminal history record check as a condition of employment, appointment, registration, licensure or certification if the fingerprint-based check, required under current law, reveals a record of arrest without a disposition.
|
Impact(s): Colorado employers |
View source document
|
|
|
NEW YORK CITY: Law enacted to prohibit pre-employment marijuana drug testing |
Summary: Effective May 10, 2019, Int. No. 1445 will prohibit employers from testing prospective employees for marijuana usage prior to hiring. The law specifically prohibits employers, labor organizations, employment agencies, or their agents from requiring prospective employees "to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee's system as a condition of employment." Exceptions include persons applying to work: as law enforcement, in a position requiring security clearance under federal law, in a position requiring the operation of heavy machinery or motorized vehicles, or any other position determined by citywide administrative services. These provisions also do not apply to drug testing required under rules promulgated by the departments of transportation, federal contracts or grants, state statutes, or collective bargaining agreements.
|
Impact(s): New York City employers |
View source document
|
PROPOSED LEGISLATION |
WASHINGTON: Private employers may be banned from asking salary history question |
Summary: Bill HB 1696 was passed and sent to the governor. If signed, it would become effective on July 29, 2019. This Bill will prevent all private employers in the state from inquiring into the salary history of prospective employees or requiring that an applicant's prior wage or salary history meet certain criteria. The only exceptions to this restriction are when an applicant voluntarily discloses the applicant's salary history or the employer already negotiated an offer of employment with compensation. In addition, the Bill mandates that, upon an applicant's request, an employer with 15 or more employees must provide the applicant with certain details about the pay rate or salary range for the open position.
|
Impact(s): Washington employers |
View source document
|
COURT OPINIONS |
PUERTO RICO SUPREME COURT: Felony indictment just cause for termination; high court holds criminal presumption of innocence does not extend to the labor and employment context |
Summary: Plaintiff brought a claim under Act 80 of Puerto Rico's Unjust Dismissal statute against its healthcare employer for suspending his employment after being charged with several felony indictments pursuant to the employer's Employee Handbook. A year later, after the plaintiff was found guilty of all charges, the employer notified the plaintiff of his termination. The Court of First Instance concluded that the employer unlawfully dismissed the plaintiff and ordered the employer to pay the plaintiff severance plus attorney's fees for failing to meet its burden under Act 80 to show the suspension was justified and that plaintiff has a right to the presumption of innocence as under criminal law. An appeals court affirmed the decision based on plaintiff's assertion that he did not receive a copy of the latest version of the Employee Handbook and that the employer could not prove it had given him a copy.
The case was then reviewed by the Puerto Rico Supreme Court, which concluded that an employer can adopt rules and regulations for the good and normal functioning of the company and can also evaluate its employees based on the prevailing moral and public order values. It held that not all potential violations that constitute just cause for termination must be included in the Employee Handbook and that a suspension for more than three months constitutes termination under Act 80. In addition, the Court held that the presumption of innocence that applies in the criminal context does not extend to the labor and employment context. The Court further concluded that the indictment constituted conduct severe enough to impact the normal functioning of the workplace and therefore, justified termination.
|
Impact(s): Puerto Rico employers |
View source document
|
|
|
U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA: Settlement agreement approved for alleged violations of FCRA and state laws |
Summary: The Court issued an order granting the plaintiffs' motion for preliminary approval of a class settlement totaling $2.3 million. The plaintiffs claimed that a major airline failed to give applicants stand-alone disclosure documents in violation of the FCRA, California's Investigate Consumer Reporting Agencies Act and Consumer Credit Reporting Agencies Act. The settlement will be divided among approximately 44,100 class members. If the total number of class members exceeds 46,000, the airline will supplement the settlement fund by $50 per person for each person in excess of 46,000.
|
Impact(s): FCRA compliance – for general legal review |
View source document
|
OTHER UPDATES |
WISCONSIN FAIR EMPLOYMENT ACT: Commission reverses Administrative Law Judge's decision on criminal record dispute |
Summary: A plaintiff filed a complaint against a lighting manufacturer alleging that the company had violated the Wisconsin Fair Employment Act's prohibition against rejecting a candidate because of his conviction record unless the conviction record substantially related to the job in question. After applying for a job with the employer, a background check was conducted that showed the plaintiff had been convicted of felony strangulation and suffocation, fourth-degree misdemeanor sexual assault, misdemeanor damage to property and misdemeanor battery.
The Administrative Law Judge (ALJ) found in favor of the company and held the convictions substantially related to the job in that the position involved completely unsupervised one-on-one work with customers and the employer's large female population was "problematic" because, if the plaintiff developed a relationship with a coworker and it ended badly, he could exhibit the same type of behaviors that led to his convictions.
On appeal, the Labor and Industry Review Commission reversed the ALJ's ruling stating that for a substantial relationship between the job and the conviction to exist, there must be a realistic possibility of recidivism in the new job by analyzing whether the tendencies and character traits that led to a conviction are likely to reappear on the job. The LIRC found that the plaintiff's crimes were not substantially related to the job plaintiff sought and that a job that required unsupervised conduct with customers at their homes did not suggest that plaintiff would engage in the same type of conduct that led to the convictions. It further held that there was nothing about the work atmosphere that would trigger the plaintiff to repeat the crimes for which he had been convicted.
|
Impact(s): Wisconsin employers |
View source document
|
|