Did you know?…

As of March 1, 2015, New Jersey’s “Ban the Box” law went into effect. The new law limits employers from asking about a job applicant’s criminal history on the application and prohibits them from doing so until after the first interview. Employers are allowed to conduct a background check after the first interview has taken place. However, expunged records will still remain disclosed.

For purposes of this law, an employer is considered to be anyone that has 15 or more employees for each working day during 20 or more calendar workweeks throughout the year previous or current year.

The law does allow certain exceptions for job applicants applying for positions in law enforcement, the judiciary, corrections, homeland security, and emergency management. Employers in these particular fields are still able to ask potential hires about their criminal history.

New Jersey employers should review the “Ban the Box” law and the draft rule that clarifies the provisions to ensure they are in compliance with the law. Violations can result in monetary penalties of up to $1,000 for the first violation, $5,000 for the second, and $10,000 for each following violation.

In the event you feel your rights have been violated because a potential employer disregarded this new piece of legislation, or if you have a past criminal record which you would like erased, or have any questions about the “Ban the Box” law contact me, defense attorney David Polsky, at (973) 686-9787 or email me at [email protected] today.