that's according to beth milito at the national federation of independent businesses, which represents 350000 small businesses. a cynical part of me says, "hey, if i sat down and, boy, it looks like someone's got a criminal record and then i've got another candidate who doesn't, i'm going to go with the guy who doesn't have the criminal record," right? >> maybe, maybe not. i think it depends on the nature of the job. the equal employment opportunity commission issued new guidance in april of 2012. and it reiterates that where at all possible it's good for a business to consider three factors: the nature of the crime, the time that's elapsed since the crime and the nature of the job. and when at all possible to make an individualized assessment. and i think many employers will do that. >> reporter: 100 cities, including philadelphia, new york, detroit, charlotte and orlando, along with 18 states now prohibit employers from asking job applicants to check a box admitting if they have a criminal record. 11 state bans apply only to government agencies. seven states also prohibit private emp

host: our guests in this roundtable beth milito and christine owens. we will begin with joe, call again from ohio, line for independents. good morning. caller: good morning. my problem with the whole issue is if the whole nation receives a 50% increase in wages, what is that going to do to union workers or someone who has already established a decent wage? they will not get a 50% increase , so that is like taking a huge wage cut. guest: thank you for your call. i do not think there is much cause for concern there. i will say that unions in general are very supportive of this proposal, as they have been historically of overtime pay proposals. generally what happens is union contracts contemplate what the overtime pay rate are and make some adaptation for union members. i do not think there will be a negative impact on union members. guest: i would disagree. i do not think there is a money tree in the backyard of businesses where they can go out and take off more money. i think joe has a valid concern that employers will not be able to all of a sudden in