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What I've Been Reading This Week


Ban the box laws have become commonplace across the country over the past few years.  However, a frequent criticism is that these laws often are not enforced.  Well lo and behold, we have at least one Attorney General that has started to fine employers for not complying with the state's ban the box law.  Employers (especially those in Massachusetts) should take note of the below article...

As always, below are a couple articles that caught my eye this week.


Lowe's Aggressively Pushes Mandatory Arbitration Agreements

Dave Jamieson recently wrote an article over at The Huffington Post in which he noted that Lowe's has started to require its store managers to sign mandatory arbitration agreements in order to be eligible to receive their bonuses (and even continue employment with the company).  These mandatory arbitration agreements require store managers to agree to not take Lowe's to court or join class actions against the company and instead individually take any disputes with the company to binding arbitration.  Readers will recall that the U.S. Supreme Court recently upheld the lawfulness of these mandatory arbitration agreements that many employers have wanted to use.  Lowe's is one of the primary employers that has really taken this ruling and 'run' with it.  The question is which employer will be next to follow suit?


Massachusetts AG Begins to Enforce the State's Ban the Box Law

For those not aware, Massachusetts passed a law in 2010 that prohibited most employers from asking job applicants about their criminal history on an initial employment application.  Earlier this week, Massachusetts Attorney General Maura Healey announced that agreements had been reached with four national employers that were found to be in violation of the state's ban the box law (with fines being assessed in the amount of approximately $5,000.00/employer).  As well, seventeen local businesses were given a warning that they were in violation of the ban the box law and were ordered to comply with the law.  Many critics of ban the box laws across the country have questioned whether the laws would actually be enforced or whether employers would be given a "free pass".  Employers in the state should take note, it appears the AG is beginning to hold employers accountable.  This is as good of a time as any to ensure your hiring/application process is in compliance with the ban the box law.

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