Hiring and screening regulations can change quickly, especially as states and cities introduce new compliance requirements for employers. These changing laws can directly impact how your organization posts open jobs, handles pay transparency, and evaluates candidates with criminal records. This month, we’ve rounded up the latest changes from Illinois, New Jersey, and Columbus, Ohio, along with steps employers can take to stay compliant.
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Illinois: Clean Slate Act Moves Closer to Becoming Law
After years of effort, Illinois lawmakers recently passed the Clean Slate Act, which would automatically seal some criminal records in the state.
Under the new law, law enforcement agencies would identify eligible records and automatically seal at least quarterly. Once sealed, those records would no longer appear in background check reports, including those used by employers.
Notably, the law does not apply to serious violent crimes, sexual offenses involving minors, or crimes that lead to sex offender registration, among others.
The bill now awaits final approval by the governor. If it becomes law, the automatic sealing process begins January 1, 2029.
What Illinois Employers Need to Know
If the Clean Slate Act goes into effect, some records that were previously visible on background check reports will become sealed. Illinois employers who consider criminal records in hiring decisions should take these steps to prepare:
- Monitor updates: Stay informed about the bill, including when the automatic sealing process begins, so you know what to expect.
- Review your screening policy: Consider how you can adjust your screening process if some sealed records are no longer part of background check reports.
- Be consistent and maintain documentation: If you rely on criminal history for hiring decisions, have a documented strategy in place and be consistent in how you apply this policy, especially as some records become sealed.
Columbus, Ohio: City Council Passes Pay Transparency Law
Columbus has joined several other Ohio cities in requiring employers to post salary ranges in job descriptions.
The Columbus City Council passed the pay transparency legislation in November. While the city code will be updated within 30 days, the law won’t be enforced until Jan. 1, 2027.
Similar to pay transparency laws in Toledo and Cincinnati, the legislation will require Columbus employers with 15 or more employees to provide a “reasonable salary range or scale” in job postings. This range should be based on relevant factors, such as:
- An employer’s budget flexibility
- Applicants’ expected range of experience
- Potential variation in the position’s responsibilities
- Opportunities for growth
- Cost of living
- Market data on comparable positions and salaries
In 2023, the Columbus City Council voted to prohibit employers from asking about applicants’ past salaries during the hiring process. This new legislation expands the city’s pay equity ordinance to require salary transparency from employers.
What Columbus Employers Need to Know
While enforcement of the law won’t happen until 2027, it’s best to be proactive about your hiring processes. Within the next year, take these steps to prepare:
- Review job postings: Make plans to adjust your job postings to comply with the new law. Update existing templates to include a reasonable salary range.
- Audit pay structures: Conduct an audit to make sure the ranges you publish align with your organization’s pay structures and budget expectations.
- Train HR and hiring teams: Make sure everyone involved in hiring understands the new pay transparency requirements, including how to determine reasonable salary ranges.
New Jersey: Proposed Rules Clarify Pay Transparency Law
In June, the New Jersey Pay and Benefit Transparency Act went into effect, making it mandatory for employers to disclose salaries in job postings. Now, the state has proposed additional rules intended to clarify some parts of the law.
The New Jersey Department of Labor and Workforce Development released the proposed rules in September, followed by a 60-day comment period. Key clarifications from the proposed rules include:
- Covered employers: The proposed rules make it clear that the law applies to any employer with 10 or more employees, whether those employees work inside or outside the state, if they do business, employ people, or accept applications in New Jersey.
- Salary range requirements: The law requires employers to provide either the fixed hourly wage or salary or a range for the position. The proposed rules prohibit employers from setting open-ended ranges (such as “$50,000 and up”), and the difference between the minimum and maximum rate cannot exceed 60% of the minimum rate.
- Benefits description: The proposed rules require employers to provide a description of “employee fringe benefits,” which may include health insurance, life insurance, paid time off, training, and pensions.
- Promotion notifications: Employers must make “reasonable efforts” to notify eligible existing employees of promotions and transfers before filling them. The proposed rules clarify what reasonable efforts mean, including conspicuous posting in the workplace and on internal internet or intranet sites, if available.
- Third-party staffing agencies: As part of the proposed rules, employers would be liable for noncompliance with pay transparency requirements, even if they use third-party recruiters or staffing agencies to post jobs.
What New Jersey Employers Need to Know
These rules won’t become binding until formally adopted, but they offer insight into how the state’s labor department interprets the pay transparency law. It’s a good idea to consider these proposed rules as best practices for your compliance efforts. With that in mind, consider taking these steps:
- Audit current job postings: Review your current job postings to make sure you’re providing a fixed salary or a closed range, plus an overview of benefits.
- Review remote hiring practices: If you hire remote employees who work from New Jersey, confirm whether these rules apply to your organization.
- Hold third parties accountable: If you hire third-party recruiters or agencies to post jobs for your organization, make sure they comply with the state’s pay transparency rules.
- Follow rules for internal promotions: Before making a promotion, make sure you’ve notified current employees of the opportunity as required.
Partner with InCheck for a Compliant Screening Strategy
Changes to pay transparency laws and new clean slate legislation may affect how you hire and screen candidates. Staying informed and adjusting your policies can help prevent compliance issues and support a more transparent, consistent hiring process.
At InCheck, we’re committed to helping your business navigate these changes with confidence. Our team offers personalized guidance and hands-on support to help you create a safe, fair, and efficient screening process. For more information on how InCheck can help you build a compliant screening program, contact us today.