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…
Posts by Category: New Jersey
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…



