- Of Counsel
On August 11, 2014, Governor Chris Christie signed into law “The Opportunity to Compete Act,” also known as the “Ban the Box” bill. In an effort to remove barriers to employment for people with prior criminal records and, in turn, prevent recidivism, the law restricts employers having fifteen or more employees from inquiring into the criminal background of prospective employees and current employees applying for new positions during the “initial employment application process,” meaning the period beginning with an initial employment inquiry and ending when an employer has conducted a first interview. This prohibition extends to inquiries made through employment applications and any oral or written inquiries.
Once the initial employment application process has concluded, an employer may inquire into the criminal history of a prospective employee and is permitted to reject an applicant based upon the applicant’s criminal record. The Act also contains exceptions to the prohibition. For example, if the applicant is applying for a law enforcement position or if the applicant voluntarily discloses any information regarding his or her criminal history during the initial employment application process, the employer is then allowed to inquire about the applicant’s criminal record during the initial employment application process.
The Act specifically cites employer advertisements. Under the new law, employers are forbidden from publishing advertisements stating that applicants who have been arrested or convicted of a crime will not be considered. Local governments are also specifically addressed in the new law. They are prevented from adopting any ordinance, resolution, law or regulation regarding criminal histories in the context of employment, except for ordinances adopted to regulate municipal operations.
The Act sets forth penalties for violations– a civil penalty not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation. These penalties are the sole remedy for violations of the Act. In other words, the Act does not create or establish private causes of action by an aggrieved person against an employer who has violated the Act.
Employers should determine if the Ban the Box law applies to them. If applicable, an employer should immediately review (and revise, if necessary) its recruitment and hiring practices and documents for compliance by March 1, 2015.
UrbanPromise Trenton is a non-profit, “for promise” organization providing free After School drop-in and Summer Camp programs to the youth of Trenton. UrbanPromise Trenton equips participants with the skills necessary for academic achievement, spiritual growth, life management, and Christian leadership. UrbanPromise Trenton also employs Trenton teens in their StreetLeader program where teens are mentors and leaders to the younger children in the programs.
Mr. Hammett joined Mason Griffin & Pierson P.C. in 2018 and practices in the field of Trusts and Estates; Real Estate; Business Law; and Chancery Court Practice.
To learn more about UrbanPromise Trenton, please visit www.urbanpromisetrenton.org.
We are pleased to announce that firm attorney Anthony R. Todaro has been appointed as Planning Board attorney in the Borough of High Bridge (Hunterdon County).
We are pleased to announce that firm attorney Anthony R. Todaro has been appointed as Zoning Board attorney in Hamilton Township (Mercer County).
The mission of the Hunterdon Land Trust is to preserve the integrity of the rural landscapes in the Hunterdon County region by protecting/enhancing natural resources and the cultural landscape of the historic Dvoor Farm for public enjoyment and education. The Land Trust has helped protect more than 10,280 acres of farmland and open space and owns and manages nature preserves throughout Hunterdon County.
To learn more about HLT, visit:
Trishka Waterbury Cecil, Of Counsel with the Firm, has completed her annual Year-End Law Review for 2020 (a/k/a the “Big Book”) which is now available for members on the New Jersey Institute of Local Government Attorneys (NJILGA) website: https://www.njilga.org/. At a webinar presented on November 19, 2020 at the New Jersey State League of Municipalities Virtual Conference, Trishka (NJILGA Past President) and Steve Goodell (Treasurer), highlighted and discussed selected local government cases from the past year and entertained questions and comments from attendees.
Sharon Dragan, a Director with the Firm, has recently been elected to serve as Secretary for the NJ Institute of Local Government Attorneys in 2021. For more information about the NJILGA, see
Click Link Here to read important information regarding the Families First Coronavirus Response Act.