Minnesota Supreme Court Sets the Record Straight on Municipal Employer Liability
A recent court decision has changed how Minnesota courts analyze whether municipalities may be liable for their hiring decisions—emphasizing that...
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Los Angeles County has introduced a new Fair Chance Ordinance for employers, effective September 3, 2024. Previously, we tracked other Fair Chance laws in other states, such as Maine and New York's Fair Chance guidance update.
The 2024 ordinance in LA County is an extension of California's 2018 Fair Chance Act and the city's previous Fair Chance Initiative for Hiring Ordinance. Some highlights for Los Angeles' new ordinance are outlined below.
LA County’s Fair Chance Ordinance touches every stage of the hiring process, including job postings and announcements, what inquiries can be made prior to conditional offers, notifications related to conducting a background check, what employers can and cannot consider in a background report, the adverse action process, and more. The highlights are summarized below:
Additional requirements for job postings and advertisements:
Conditional offers of employment:
Individualized assessment process for pre-adverse action:
Preliminary notice of adverse action:
Response period:
Final decision:
Record retention:
To find out more details on LA’s 2024 Fair Chance Ordinance, take a closer look here.
Effective September 3, 2024, the ordinance impacts employers who are located or do business in Los Angeles County and employ five or more employees. Employers in violation of the ordinance may be subject to a fine of up to $5,000 for the initial violation, $10,000 for a second infraction, and $20,000 for the third and any further violations. The law may also impact employers hiring remote employees and candidates who previously lived in LA with past criminal records.
Fair Chance AND Ban the Box laws are part of a growing movement sweeping across the nation in hopes of bringing equal opportunity to individuals with past conviction records. However, these laws can also significantly impact recruiting practices, introducing specific language requirements for job postings, and hiring practices. As time goes on, requirements and regulations for the 2024 LA County ordinance and other Clean Slate laws may evolve. Employers should meet with their legal counsel to ensure full compliance with Clean Slate laws and regulations.
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