Legislative Alert: Florida Might Seal Millions of Criminal Records [Video]

12 min

Legislative Alert: Florida Might Seal Millions of Criminal Records [Video]

Screening News

  • New Florida Law Could Seal Millions of Criminal Records
  • No More Asking about Salaries in NYC
  • SPOKEO Decision Saves another Employer from a Class Action Settlement

  

 
 
 
 
 
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New Florida Law Could Seal Millions of Criminal Records

A bill is sitting on Florida Governor Rick Scott’s desk. If signed, the new law will automatically seal misdemeanor and felony records in nearly all cases when the charges are dropped, dismissed, or if the defendant is acquitted at trial. Earlier versions of the bill allowed for people to request the records be sealed, but the Florida Department of Law Enforcement said it would take 32 more fulltime employees and more than $2 million dollars to handle the tens-of-thousands of additional requests. The law would also require mug shots to be removed from websites. All of these steps only kick in after the case is resolved and the state runs out of time for an appeal. The governor’s spokesperson says he will review the bill. There is no word on whether he plans on signing it.

 

No More Asking about Salaries in NYC

Soon employers in New York City will be banned from asking applicants how much their previous employers paid. Mayor Bill de Blasio signed the ban into law last week. It will go into effect on October 31st of this year. City employers are forbidden from using salary history, benefits or other compensations to negotiate employment contracts. Those supporting the ban say it will help close the wage gap for women.

 

SPOKEO Decision Saves another Employer from a Class Action Settlement

A federal judge in Minnesota cited the Supreme Court ruling in Spokeo v. Robins when dismissing a class action lawsuit against Beverly Health and Rehabilitation Services. The Plaintiff received a conditional offer of employment and completed a Background Check Authorization Form which asked for date of birth, addresses, Social Security Numbers and other information. It also asked her if she has a criminal history. She honestly answered “no,” passed her background check and worked for the company for more than a year. Then she filed suit claiming three “informational injuries”:  she was not told the company was conducting a background check, she was not given information about who was running the check, and there was not a clear and conspicuous disclosure as required by the FCRA. The judge pointed to the Spokeo decision saying the plaintiff could not show sufficient concrete injury and the case was dismissed.

 

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