As published by the State Rules Register:
The New Jersey "Ban the Box - Plus" (P.L. 2014, Chapter 32, AB 1999), signed by the Governor in August and will become effective: "The first day of the seventh month next following the date of enactment". We calculate this to be March 1, 2015. This Act covers the following subjects:
1.Ban the Box
2.Pre-empts all city ordinances, except for city employees.
BAN THE BOX FACTS
•The law applies to employers that have more than 15 employees over 20 weeks. The law does not state what weeks are to be considered. The immediate past 20 weeks, or 20 weeks that occurred 5 years ago? Can an employer fall into and out of coverage over time?
•It includes job placement, job referral agencies and other employment agencies.
•It excludes federal employers.
•The following employers/employees are exempt:
*employers having less than 15 employees;
*where a criminal background check is required by law and certain arrests and/or convictions can disqualify an applicant, such employers including but not limited to law enforcement, corrections, the courts, homeland security or emergency management can advertise that a criminal record check is required and/or that certain records will disqualify an applicant;
*those employers that are a part of a program to hire those with criminal records.
•The following employees are excluded: Domestic servants, independent contractors (but interns and apprentices are included), directors and trustees.
•When can an employer inquire? Inquiries cannot be made from the time the applicant makes inquiry for employment or the employer makes inquiry to the individual and ending with the first interview in person or by any other means.
PRE-EMPTION OF LOCAL LAWS
The statute specifically pre-empts any existing or future city or county ordinates, resolution, law, rule or regulation regarding the subject matters found in this law: "Ban the Box". However, lower level government entities may adopt policies that relates to their own employees. This negates the existing Newark ordinance for private employers.
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