NJ Public Hearing Scheduled for April 7 on Proposed “Ban The Box” Rules
The New Jersey Department of Labor and Workforce Development has scheduled a public hearing on proposed new rules at New Jersey Administrative Code 12:68 in order to implement “The Opportunity to Compete Act,” enacted by Chapter 32 (A.B. 1999), L. 2014.
The hearing is scheduled for April 7, 2015, from 10:00 a.m. until noon, at the New Jersey Department of Labor and Workforce Development, 1 John Fitch Plaza, 13th Floor Auditorium, Trenton, New Jersey.
Any written comments must be submitted by May 15, 2015, to: David Fish, Executive Director, Office of Legal and Regulatory Services, New Jersey Department of Labor and Workforce Development, P.O. Box 110 – 13th Floor, Trenton, NJ 08625-0110.
The Opportunity to Compete Act, also known as the “Ban the Box Law”, was signed into law by Governor Chris Christie last year and became effective as of March 1, 2015.
The Act prohibits an employer from doing any of the following: (1) requiring that an applicant for employment complete any employment application during the initial employment application process that makes any inquiries regarding an applicant’s criminal record; (2) making any oral or written inquiry during the initial employment application process regarding an applicant’s criminal record; and (3) knowingly or purposefully publishing or causing to be published any advertisement that solicits applicants for employment where the advertisement explicitly provides that the employer will not consider any applicant who has been arrested or convicted of one or more crimes or offenses.
The proposed rules include definitions and address what constitutes a violation of the act, exemptions from the act, assessment of administrative penalties for violations, and the appeals process where an administrative penalty has been levied.
Source: New Jersey Register, Rule Proposal, New Jersey Department of Labor and Workforce DNJ:
Reposted with permission from Wolters Kluwer.
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