February 9, 2015 | Comments Off on New Law Requires NJ Employers To Revise Their Hiring Practices or Risk Fines of Up to $10,000 Per Violation
Posted by Ari Burd
Effective March 1, 2015, the New Jersey Opportunity to Compete Act, commonly referred to as the “Ban the Box” law will go into effect. The law will prohibit NJ employers with 15 or more employees from inquiring about a prospective employee’s criminal history in the initial employment application. Many employee applications often contain a box asking if the applicant has ever been convicted of a crime. Under the Act, this will now be illegal. The employer is also prevented from asking questions about the applicant’s background during the initial interview (though questions about the applicant’s criminal history can be asked during subsequent interviews). Employers who continue to ask about an applicant’s criminal background in the initial application or interview risk incurring a civil penalty of $1,000 for the first violation, $5,000 for the second violation and $10,000 for all subsequent violations.
For more information about this law, exceptions and related practice tips, contact Ari Burd and the GH&C Labor and Employment Department.