The New Jersey State Police have agreed to process expungement orders within 120 days, resolving a lawsuit over yearslong delays that left 46,000 orders unprocessed. The backlog grew after marijuana legalization increased expungement requests. Mediated by retired…
Posts by Category: New Jersey
NJ Bank Sued by Job Applicants Over Credit Reports
New Jersey’s Valley National Bank is facing a putative class action in federal court after violating the federal fair credit reporting law when the company obtained consumer reports on job applicants without first informing the candidates. The suits seek damages…
NJ Adopts Final Regulations on Criminal Background Inquiries
New Jersey has promulgated its final ban-the-box regulations, clarifying the law passed on March 1, 2015, which severely restricted public and private employers with 15 or more employees from inquiring into an applicant’s criminal background at the beginning of the…
New Jersey Issues New Ban-the-Box Regulations
The New Jersey Department of Labor and Workforce Development (NJDOL) has adopted regulations for the Opportunity to Compete Act, the state Ban-the-Box Law, clarifying many questions, including the Act’s impact on businesses with multistate operations. The new…
The Supreme Court of New Jersey Narrows the State’s Expungement Statute
N.J.S.A 2C: 52-2(a) permits the Superior Court to expunge convictions of certain classes of offenses under certain enumerated circumstances. As one example, the applicant seeking the remedy must have been “convicted of a crime,” but “…not convicted of any prior…
Fair Credit Reporting Act (FCRA) Preempts Tortious Interference Claim, Says NJ Court
The Fair Credit Reporting Act specifically contains a provision that bars state law claims against employers who “furnish information” to CRAs. In a recent decision-Saget v. Wells Fargo Bank, N.A., No. 2:13-03544(WJM), 2014 WL 4494801 (D.N.J. Sept. 10,…
New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly
The New Jersey Legislature has given final approval to a slightly more employer-friendly version of the state’s “ban the box” measure, which now heads to Governor Chris Christie’s desk. Notably for employers, the legislation explicitly provides…
New Jersey Senate Bill Would Prohibit Automatic Disqualification of Applicants Based on Criminal Record
The Senate has introduced two (essentially identical) bills (S2101 and S2102) that would prohibit public and private employers from automatically rejecting current or prospective employees based on their criminal record. The bill would require employers to consider at…
New Jersey Senate Budget and Appropriations Committee Approves Significantly Less Onerous Version of Ban the Box Legislation
The New Jersey Legislature has been considering “ban the box” legislation since February 2013. Amidst opposition from business groups, the proposed law underwent several changes over the last 16 months. On June 5, 2014, the Senate Budget and Appropriations…
New Jersey Legislature Introduces “Ban The Box” Bill
The New Jersey Legislature recently introduced the Opportunity to Compete Act that would impose significant restrictions on criminal background checks in connection with the hiring process. The law would prohibit employers from making inquiries into a…