By Dennis Mulgrew
A growing number of jurisdictions around the country have enacted so-called “ban the box” laws, which limit employers’ ability to inquire about and/or consider applicants’ criminal records when making employment decision.
In 2011, Philadelphia enacted the Fair Criminal Records Screening Standards Ordinance, its version of “ban the box.” This past week, the ordinance was amended to significantly expand the scope of prohibited activity and the protections provided to applicants, in the following respects:
Covered Employers – The amended ordinance covers private employers employing any persons within Philadelphia, whereas the previous version applied only to those with ten or more employees.
Timing of Criminal Record Inquiry – Employers may now conduct a criminal background check only after a conditional offer of employment has been made, whereas previously employers were permitted to conduct the check after an application was received. Further, the revised … Read More »
By Daniel Aiken and Philippe Lebel
On December 14, 2015, the U.S. Supreme Court reaffirmed its previous ruling that any state law that treats arbitration agreements less favorably than other types of agreements is preempted by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq. Specifically, in a decision handed down in DIRECTV, Inc. v. Imburgia, No. 14-462, reaffirmed its decision in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), that the Federal FAA, which embodies the federal policy favoring arbitration, preempts all special state law rules that uniquely burden arbitration agreements. Although the Imburgia decision was a consumer class action, the Court’s approach indirectly confirms its continued support for the enforceability of employment arbitration agreements, including those with class action waivers. While Imburgia suggests that class action waivers are here to stay, the Court’s simultaneous decision to … Read More »
California’s Fair Pay Act, which takes effect Jan. 1, 2016, mandates that male and female employees doing “substantially similar” work be paid the same wages, unless employers can demonstrate that certain factors such as seniority, a merit system, education, training, experience or productivity can account for the gender disparities. As 2015 winds down, other companies either based in California or operating in the state may still be scrambling to ensure they’re prepared for the new law.
SHRM Online asked Los Angeles partner Mark Terman, as well as two other industry experts, to share their views about statistical analyses, labor law and compliance measures related to the Fair Pay Act.
Please click here to view the entire Q&A at SHRM Online.