Update: Los Angeles "Ban-the-Box" Legislation
In January, we issued an Employment Alert regarding Los Angeles's new "Ban-the-Box" law, known as the Los Angeles Fair Chance Initiative for Hiring, which went into effect on January 22, 2017. The law restricts inquiry into the criminal background of applicants until after a conditional offer of employment is made.
An employer seeking to disqualify an applicant based on criminal history must follow specific procedures. These include a written assessment showing a link between specific aspects of the applicant's criminal history with risks inherent in the duties of the employment position applied for, as well as a written "reassessment" if an applicant presents information or documentation for an employer to consider. Failure to comply may subject an employer to administrative remedies and a civil action. The law also contains notice and posting requirements.
Guidance, Forms and Notices:
The Los Angeles Bureau of Contract Administration recently published guidance, forms and notices relating to the new law, including:
We encourage all Los Angeles employers to download and review these documents, as they will help ensure compliance with the new law. These and additional resources are available on the Bureau's website at: City of Los Angeles Bureau of Contract Administration.
Arizona Legislature Approves Disability Lawsuits Bill
On Monday, Arizona state senators approved legislation that, if signed into law, will give businesses at least thirty days to cure violations of the Arizonans with Disabilities Act before they can be sued.
Time Frame to Rectify ADA Violations
The legislation, SB 1406, provides:
Importantly, there are many instances in which a business may get more than thirty days to correct a violation. For instance, if a business must obtain government approval to make the changes required to comply with the Arizonans with Disabilities Act, then the business will have thirty days to provide the complainant with a corrective action plan and another sixty days to implement the changes before the complainant can file suit. The time period needed for the government to make a decision is not counted in the sixty days.
By giving Arizona businesses an opportunity to cure violations before being sued, this bill will almost certainly cut down on the amount of vexatious litigation they may face.
SB 1406 has already passed the House and is now going to Governor Doug Ducey for signature.
Payne & Fears has decades of experience assisting businesses in their efforts to comply with disability statutes, including providing employees with reasonable accommodations. Should you need assistance in this regard, or if you would like more information about this topic, please contact:
Matthew L. Durham
Rhianna S. Hughes
Utah 2017 Legislative Update – Employment Law Issues
The 2017 session of the Utah Legislature produced few bills affecting employment law; but two bills recently signed by the Governor and one bill that was not passed this year may have an impact on Utah businesses.
Summary of Bills and Suggested Action
1. HB0238S01 Payment of Wages Act Amendment
2. SB0170 Workers' Compensation Workgroup
3. SB210 Equal Pay Amendments