October



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October 11, 2016
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"Trends in the ""Ban the Box"" Movement: Recent Developments in City Ordinances"

"As cities across the nation adopt "ban the box" legislation that regulates private employers ' ability to inquire into applicants ' and employees ' criminal histories, employers face a nuanced gauntlet of compliance issues.

Because of the current wave of ban the box ordinances is likely to continue, employers should continue to evaluate their pre-employment and hiring practices and make necessary adjustments. Specifically, affected employers should review their employment applications, advertisements, and postings to ensure that any questions regarding an applicant 's criminal history are legally compliant for each cities and municipalities. Affected employers should also make sure all hiring|recruiting managers are apprised of the new ordinance requirements through training and revision of policies."

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October 11, 2016
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Portland 's Ban-the-Box Law Takes Effect, Administrative Rules Provide Clarity

"Portland, Oregon 's ban-the-box law, the Removing Barriers to Employment Ordinance, took effect on July 1, 2016. The ordinance prohibits most Portland employers from asking about an applicant 's criminal history or conducting a background check on an applicant until after a conditional offer of employment has been made. Late last month, the Portland City Attorney 's Office published administrative rules and documents related to the ban-the-box ordinance. The newly released rules, which by their terms are to be ""liberally construed,"" provide insight into how the city and the commissioner of Oregon 's Bureau of Labor and Industries (BOLI) will enforce this new law. The Portland ban-the-box law and ban-the-box laws in other jurisdictions, including all federal and state background check requirements, are summarized in Ogletree Deakins ' O-D Comply: Background Checks and O-D Comply: Employment Applications subscription materials, which are updated and provided to O-D Comply subscribers as the law changes."

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| Health & Social Care | Transportation
October 11, 2016
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Louisiana Legislature Passes New Law Dealing with Employment of Sex Offenders

The Louisiana Legislature has passed a bill that based on the belief that sex offenders, sexually violent predators, and child predators pose a high risk of engaging in sex offenses and crimes against minors even after being released from incarceration. Two recent amendments to the laws regarding sex offenders, sexually violent predators, and child predators impact certain employers in Louisiana will go into effect.

It is now unlawful for a registered sex offender to work as a door-to-door salesperson, operate any bus, taxicab, or limousine for hire, engage in employment as a service worker who goes into residence to provide any type of service or operates any carnival or amusement ride.

If an individual is required to maintain registration as a sex offender under Louisiana law and is found to engage in any of the above type of work, that person (as opposed to the employing entity) shall be fined up to $10,000 and imprisoned for at least five years, though no more than ten years, at hard labor.

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