Last week the Governor of New Jersey, Chris Christie, signed what is called “The Opportunity to Compete Act”. Essentially this is another ban the box statute, similar to the one recently passed in Baltimore City. This limits any New Jersey employer or any business doing business in New Jersey to inquire into a particular applicant’s criminal record. This law will become effective March 1, 2015. The New Jersey ban the box legislation is similar to other sorts of ban the box statutes in different jurisdictions with some differences. It prohibits employers from asking about an applicant’s criminal record until after the following hiring steps are completed.
- The employers have conducted an interview.
- The employer has made a determination that the applicant is already qualified at least minimally for the job and selected the applicant as its first choice.
However, a difference in this statute unlike the Baltimore statute, New Jersey employers can make these criminal inquires prior to making a formal offer of employment. But they are prohibited from inquiring into, like in many statutes, expunged criminal records or arrests that do not result in a criminal conviction and certain other things that would also preclude the employer from looking into the background of the applicant. To read more about ” The Opportunity to Compete Act” and other recent Labor and Employment laws discussed on the Telebrief on August 13, please click here. You can also access past Telebriefs® with Howard Kurman Esq. by clicking here.
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On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two-three weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken?
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About Howard Kurman
email@example.com | 410.209.6417 Howard K. Kurman is Chair of the firm’s Labor & Employment Department. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace.