Legislative Alert

ENACTED LEGISLATION

MICHIGAN: Governor signs directive to ban state agencies from inquiring about salary histories

Summary: Effective Jan. 8, 2019, Gov. Gretchen Whitmer signed a directive to ban state agencies from inquiring about a job applicant's current or previous salaries unless a conditional offer of employment is made. It also prohibits public employers from searching public records databases to ascertain an applicant's current or previous salary information.

Impact(s): Michigan state agencies

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PROPOSED LEGISLATION

NEW MEXICO: "Ban the Box" proposed for the second time since 2015 veto

Summary: Legislators have proposed a bill to eliminate the criminal conviction question from an initial application for employment. The proposed law states that private employers "shall not make an inquiry regarding an applicant's conviction on the employment application but may take into consideration an applicant's conviction after review of the applicant's application and upon discussion of employment with the applicant." The bill was passed two years ago but then vetoed by Gov. Susana Martinez.

Impact(s): New Mexico employers

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COURT OPINIONS

U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA: Agreement reached with major airline for alleged violations of FCRA and state laws

Summary: Class action 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 airline agreed to pay $2.3 million to settle the class action brought on behalf of about 44,100 job applicants.

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

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