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Showing posts with the label misdemeanor

An Employer’s Step-by-Step Guide to Obtaining a Peace Order on Behalf of an Employee

  In 2021, the Maryland General Assembly enacted the Workplace Violence Act, which allows an employer to address workplace violence by seeking a Peace Order on behalf of an employee. A Peace Order instructs an individual (the “Respondent”) to stay away from the workplace and to refrain from specific, prohibited conduct. Violating the terms of a Peace Order is a crime, subject to punishment by incarceration and/or a fine. In June 2024, Goodell DeVries Risk Management, Investigations, and Compliance Group practice chair Jared M. Green provided a  guide to handling criminal incidents in the workplace . A Peace Order can be obtained in response to a criminal incident whether or not the police were contacted, or criminal charges were filed. Below is a step-by-step guide to obtaining a Peace Order on behalf of an employee for incidents of workplace violence. What Conduct is Prohibited by the Peace Order Statute? Not all criminal acts can form the basis for a peace order. Instead, t...

New York State Clean Slate Act Takes Effect this Saturday, November 16, 2024

  The New York State Clean Slate Act (“Clean Slate Act”) takes effect Saturday, November 16, 2024. Littler   previously summarized   the requirements of the statute when it passed the state legislature and was signed by Governor Hochul last year. In short, to relieve the barriers to employment for persons with criminal convictions, the Clean Slate Act automatically seals misdemeanor and certain felony criminal records, as follows: Misdemeanors are sealed three years from the individual’s release from prison or from the imposition of sentence if there was no incarceration; and Felonies are sealed eight years after release from prison or from the imposition of sentence if there was no incarceration. The Clean Slate Act exempts certain categories of serious offenses, and does not seal the following convictions: Class A felonies (very serious felonies including murder, treason, arson, terrorism kidnapping—excluding certain Class A drug convictions); Sexually Violent Offenses...