November 2013

Earlier this year we informed employers that Governor Dayton signed new legislation, commonly referred to as the “ban the box” law that will prohibit private employers in Minnesota from inquiring into applicants’ criminal record or history until later in the hiring process. Specifically, the new law will permit criminal background checks or inquiries only after:

(a) The applicant has been selected for a job interview; or

(b) If there is no interview, only after a conditional offer of employment has been made.

This article is a reminder that Employers only have until January 1, 2014 to review and revise any (a) application forms, (b) policies, and/or (c) practices that may conflict with this new law. Effective January 1, 2014 any questions regarding criminal record or criminal history, whether written or oral, can no longer occur until either (a) the interview stage; or (b) post-conditional offer stage of their hiring process if no applicant interview is done.

For assistance with revising job applications and compliance advice on all aspects of hiring impacted by this new law and other complex federal and state regulations, contact attorneys James Sherman, at (952) 746-1700, or email jasherman@wesselssherman.com.