July 20, 2017

July 20, 2017

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July 19, 2017

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July 18, 2017

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New Jersey Governor Christie Signs ‘Ban the Box’ Legislation

New Jersey Governor Chris Christie has signed into law The Opportunity to Compete Act, otherwise known as the “Ban the Box” bill. This legislation will restrict employers from inquiring about an applicant’s criminal background during the initial stages of the application process. The law will take effect on March 1, 2015, the first day of the seventh month following the signing date.

The New Jersey State Legislature passed the re-introduced bill in June. This version of the legislation (A1999), however, does not include certain procedural hurdles employers would have been required to satisfy under prior versions of the bill that failed to garner sufficient support for passage. 

The legislation applies to employers who employ at least 15 employees over 20 calendar weeks and who do business, employ persons, or take applications for employment within New Jersey. The legislation prohibits an employer from: (1) requiring an applicant to complete any employment application that makes any inquiries regarding the applicant’s criminal record; and/or (2) making any oral or written inquiry regarding an applicant’s criminal record during the “initial employment application process.” 

The “initial employment application process” begins when an applicant or employer first makes an inquiry to the other party about a prospective position and concludes when the “employer has conducted a first interview, whether in person or by any other means, of an applicant for employment.” 

Further, the legislation prohibits employers from publishing any advertisements or solicitations for employment stating that the employer will not consider any applicant who has been arrested or convicted of one or more offenses. 

New Jersey employers should begin reviewing their employment applications and their application processes, including interview guides, sample questions, and job postings, to ensure compliance with the legislation’s requirements. Further, employers should begin to plan new processes for conducting criminal background procedures.

Jackson Lewis P.C. © 2017

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David G. Islinger, Jackson Lewis, Employment Grievances Lawyer, Labor Contract Interpretation Attorney
Principal

David G. Islinger is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. He joined Jackson Lewis in 1995.

Mr. Islinger devotes his practice primarily to traditional labor law, training and counseling matters. Mr. Islinger has extensive experience representing employers in representation cases and unfair labor practice proceedings before the National Labor Relations Board. Mr. Islinger also has represented employers in numerous grievance and arbitration proceedings involving issues surrounding contract...

973-451-6306
Timothy D. Speedy,noncompete violations, restrictive covenants, Harassment, Jackson Lewis Law Firm
Principal

Timothy D. Speedy is a Principal in the Morristown, New Jersey office of Jackson Lewis P.C. He joined Jackson Lewis in 1989 and became a partner in 1995.

Since joining Jackson Lewis, Mr. Speedy has tried employment law cases in federal and state courts involving allegations of discrimination, harassment, breach of contract, violations of non-compete and restrictive covenants, employee benefits, and state tort law claims.

Mr. Speedy has argued before federal and state appellate courts. In addition, he regularly counsels clients on employment issues, including hiring and pre-employment screening, discipline, terminations, layoffs, reduction in force, wage-hour questions, and so on. He conducts internal training for clients and speaks before various organizations and associations regarding legal issues in the workplace.

973-451-6329
James M. McDonnell, Jackson Lewis, restrictive covenants lawyer, harassment retaliation attorney
Principal

James M. McDonnell is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. He represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims.

Mr. McDonnell regularly represents employers in federal and state courts and administrative agencies, including the Equal Employment Opportunity Commission, the New Jersey Division of Civil Rights, the United States Department of Labor, and...

973-451-6351