Blogs

INDUSTRY NEWS

City of Columbia, SC Clarifies Coverage of Criminal Records and Salary History Ordinance

By William J. Simmons and Bill Foster on February 10, 2020

Last year, the City of Columbia, South Carolina enacted an ordinance that appeared to require substantial changes to private employers' criminal record and salary history inquiry practices. At the time of enactment, the ordinance defined a covered "employer" as the "City, private employers and government contracts; and any person regularly employing five or more persons, any person acting as an agent of an employer, directly or indirectly; or any person undertaking for compensation to procure employees or opportunities for employment." There was a disconnect, however, between this plain-text definition of "employer" and various other portions of the ordinance and public statements about the ordinance that otherwise suggested the City had actually not intended to cover private employers.

Shortly after the news of the ordinance's passage, a coalition of interested private employers wrote a detailed letter to the Mayor and City Council requesting that the ordinance be amended to cover only the practices of the City itself.1 We are informed that other interested stakeholders and groups contacted the City on the issue as well.

As a result, the City of Columbia City Council has now formally amended the ordinance to omit any coverage of private employers in the definition of "employer." The amended ordinance now reads that "Employer" is defined to include only "the City of Columbia as a municipal corporation."2

Therefore, private employers with no contracts or vending relationship with the City of Columbia can now confidently conclude they are not covered by the criminal history and salary history ordinance. City vendors should continue to monitor the City's practices and contracts issued by the City, though, because the ordinance presently "encourages" City vendors "to adopt and employ conviction and wage history policies, practices, and standards that are consistent with City standards." The ordinance also still provides that the City can review vendors' practices on these topics as part of the "criteria to be evaluated by the City when determining whether to award a City contract."

This article was originally published on Littler Mendelson's website. Click here to read the original article.

© 2020 Littler Mendelson. All Rights Reserved. LITTLER MENDELSON®, ASAP®, INSIGHT® and LITTLER REPORT® are registered trademarks of Littler Mendelson, P.C.

Posted: Feburary 20, 2020


1This coalition effort was led by Littler's Workplace Policy Institute.

2The amendments can be found at: https://www.columbiasc.net/depts/city-council/docs/2019/2019%20Ordinances/Ordinance_2019_098_Amending_Chapter_2_Article_VII_Sec.2-352_Definitions_Employer.pdf.


All Rights Reserved © 2020 Business Information Group, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Sending...
Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.

Get In Touch

Send a Message *fields required

What are your Interests?optional

Contact Information

Even our RFP PROCESS is state-of-the-art.

Take a look
RFP Kit

What our clients are saying

We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!

Licensing and Registration Manager
Investment and Insurance Company

I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.

Human Resources Administrator
Global Financial Services Firm

You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.

Principal Consultant
Major Professional Services Network

I am confident whenever we add a product with your company that I will have a good experience.

Division Manager
Insurance and Financial Services Agency

We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.

Agent
Large Insurance Agency
Sending...
Thank you for your interest in Business Information Group. We have received your message and will contact you within one business day.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 800-369-2612.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 800-369-2612.

Get In Touch

Send a Message *fields required

What are your Interests?optional

You are leaving BIGReport.com

Ok, Continue Cancel

×
×