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On November 16, 2024, the New York Clean Slate Act went into effect. The Act provides for the automatic sealing of a broad swath of criminal convictions after a certain period of time and requires employers to comply with new disclosure obligations when obtaining criminal history information in connection with employment actions.

Sealed convictions

The Act requires the New York State Unified Court System to seal certain criminal convictions no later than November 16, 2027. These include misdemeanor and felony convictions under New York penal law (not federal law), which must be sealed three years and eight years, respectively, after a defendant’s release from incarceration or imposition of sentencing, whichever is later. 

Automatic sealing does not apply to any convictions for sex offenses or non-drug related Class A felony offenses. In addition, records cannot be sealed where a defendant has a subsequent criminal charge pending in New York or any other jurisdiction (with limited exceptions to out-of-state pending charges), or where the defendant is on parole or probation.Continue Reading New York Clean Slate Act and sealed convictions: what employers should know

New Jersey employers will soon have to adjust their recruitment practices with the recent passage and enactment of Senate Bill 2310 (SB2310). On Monday, November 19, 2024, New Jersey Governor Phil Murphy signed the new legislation that will require employers to disclose compensation and benefits information on job postings.

Starting June 1, 2025, the law will require employers with 10 or more employees in the Garden State to do two things:

  1. First, Employers must disclose “the hourly wage or salary, or range of hourly wage or salary” as well as a “general description of benefits and other compensation programs for which the employee would be eligible” in every job posting. The statute expressly allows employers to increase the wages, benefits, and compensation from what was listed in the posting at the time of an offer.  The law is silent on whether the wages and benefits can be adjusted downward, suggesting that only increases from the posted amounts are permissible.
  2. Second, Employers must “make reasonable efforts” to formally post opportunities for promotion prior to making a decision. Notably, however, any promotions based on “years of experience or performance” are exempted, as well as promotions made on an emergent basis due to an unforeseen event.

Continue Reading New Jersey joins the wage transparency trend