A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite construction-related employment. As such, the new law prohibits oral or written inquiries into the applicant’s conviction history on or
Employment Law
Syracuse “Bans the Box” for City Contractors
By Daniel Davis & Daniel Saperstein on
Effective March 22, 2015, Syracuse has “banned the box” for any person that enters into a service contract or concession agreement with the City, or otherwise supplies goods and/or services to, or on behalf of, the City. “Ban the box” refers to a growing movement at the state and local…
OFCCP Issues Directive Addressing Gender Identity and Transgender Bias
By Emilie Adams on
Earlier this week the Office of Federal Contract Compliance Programs (OFCCP) issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex . . . includes discrimination on the bases of gender identity and transgender status.” OFCCP’s pronouncement on the issue comes on the heels…
New York Governor Cuomo Announces New Minimum Wage Policy for Thousands of Airport Workers
By Katharine Parker, Daniel Davis & Andrew Aitchison on
New York Governor Andrew Cuomo announced that employees of contractors and subcontractors at JFK and LaGuardia airports currently earning minimum wage are to receive a pay increase from $9.00 to $10.10. The policy, which also promises a paid holiday for Martin Luther King, Jr. Day and annual wage increases tied…
Connie Bertram Interviewed About Executive Order on Labor Violations
By Daniel Davis & Andrew Aitchison on
Proskauer recently reported on President Obama’s recent executive order requiring contractors to report various employment and labor law violations and requiring those violations to be considered in the government’s decisions to award contracts to and retain contractors.
Connie Bertram, Co-Chair of Proskauer’s Government Regulatory Compliance and Relations Group, was recently…
President Obama Amends Executive Order 11246 to Protect LGBT Workers of Government Contractors from Discrimination
By Daniel Davis & Andrew Aitchison on
As the White House announced last month, President Obama signed yesterday an Executive Order that bans workplace discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) workers of federal contractors. Executive Order 11246, issued by President Lyndon B. Johnson, prohibits federal contractors from discriminating “against any employee or applicant for…
New Delaware Law “Encourages” State Vendors to “Ban the Box”
By Daniel Saperstein & Michael J. Graham on
Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and including the first interview), unless otherwise required by state or federal law. Public employers must…
New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions
By Daniel Davis on
On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from entering into a contract with a business that requires an employee or independent…
Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait
By Daniel Davis & Andrew Aitchison on
On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts.
Plaintiff Darrell Robinson argued that Kuwaiti law applied to his overtime claims as a consequence…
New Louisville “Ban the Box” Ordinance Covers City Contractors, Continues Growing Trend
By Daniel Saperstein & Michael J. Graham on
Mayor Greg Fischer recently signed an ordinance that generally prohibits the Louisville Metro Government (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history on the initial job application.
The Ordinance joins an ever-growing patchwork of laws that curbs inquiries into or the use of an applicant and/or employee’s criminal history in employment decisions. Indeed, approximately 10 states and 50 localities have “banned the box” and, although many of these laws only apply to public employers, several local ordinances cover government contractors in particular, including in Compton (CA), Richmond (CA), Hartford (CT), New Haven (CT), Indianapolis (IN), Boston (MA), Cambridge (MA), Worcester, (MA), Detroit (MI), Atlantic City (NJ), New York City (NY), and Pittsburgh (PA). Nine other jurisdictions—Hawaii, Massachusetts, Minnesota, Rhode Island, as well as the Cities of Philadelphia (PA), Newark (NJ), Buffalo (NY), Seattle (WA), and San Francisco (CA)—also have “banned the box” for private employers (either expressly or implicitly covering government contractors). And, many more jurisdictions have imposed other limitations on criminal background checks for private and public employers, as well as for city vendors.
This post examines the obligations that vendors face under the new Louisville Ordinance and proposes best practices for compliance.