Legislative Alert

ENACTED LEGISLATION

PHILADELPHIA, PENNSYLVANIA: Mayor Nutter Signs update to Fair Criminal Screening Standards Ordinance and an executive order on background checks for city employment

Summary: The updated “Ban the Box” policy prohibits any criminal record inquiries until after a conditional offer of employment is made. An employer can now only examine a criminal record going back seven years, excluding periods of incarceration, and must conduct an individualized assessment of any records. The Executive Order sets standards for conducting criminal background checks for employment with the City and for evaluating criminal background check results, defines sensitive positions and barrier convictions and requires the City to compile and publish a list of sensitive positions and barrier convictions and provides applicants with an opportunity to respond to background check results.

Impact(s): Philadelphia employers

View source document

ITHACA, NEW YORK: The City of Ithaca joins the “Ban the Box” initiative

Summary: The City of Ithaca will “Ban the Box” on city employment applications. The city will conduct background and reference checks for all finalists in the hiring process.

Impact(s): Ithaca public employers

View source document

OHIO: Gov. Kasich signs a “Ban the Box” bill into law

Summary: House Bill 56 prohibits public employers from including any question on an employment application concerning the criminal background of the applicant.

Impact(s): Ohio public employers

View source document

OTHER UPDATES

FAIR CREDIT REPORTING ACT: Calvin Klein and PVH Corporation settle FCRA class-action lawsuit

Summary: A $716,400 class-action settlement was reached with PVH Corp.—the owners of Van Heusen, Izod, G.H. Bass and Calvin Klein—to resolve allegations that the company violated the FCRA by relying on inaccurate background reports to take adverse actions without providing applicants with an opportunity to dispute the report. There are approximately 842 class members.

Impact(s): FCRA compliance – for general legal review

View source document

FAIR CREDIT REPORTING ACT: FCRA class-action lawsuit filed against Johnson & Johnson and Kelly Services, Inc., for alleged FCRA violations

Summary: Plaintiffs allege that J&J and staffing company Kelly Services violated the FCRA by failing to follow the pre-adverse action process before taking adverse action and failing to provide applicants with a standalone disclosure form. The complaint alleges that the FCRA does not permit language in the authorization form allowing for a “blanket” or ongoing authorization, and brings claims based on state authorizations being included in the disclosure form.

Impact(s): FCRA compliance – for general legal review

View source document

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION: FMCSA lowers random drug testing level to 25% in 2016

Summary: The Federal Motor Carrier Safety Administration (FMCSA) announced that it is reducing the minimal annual percentage rate for random drug testing for drivers subject to the Department of Transportation’s (DOT) drug testing rules from the current rate of 50 percent of the average number of driver positions to 25 percent. This reduction is effective in calendar year 2016.

Impact(s): Employers of drivers subject to DOT drug testing rules

View source document

This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.