Written By ESR News Blog Editor Thomas Ahearn
Many employers in the United States will face several new laws and issues involving the background check process that will ring in the new year of 2016. Brief descriptions of some important background check laws and issues for 2016 that employers should be aware of in order to remain in compliance are listed below. For a list of important trends in the background check industry for 2016, please visit the Employment Screening Resources® (ESR) Top Ten Background Check Trends Page.
- Oregon to Join Ban the Box Movement January 1, 2016 – On June 25, 2015, Oregon Governor Kate Brown signed House Bill (HB) 3025 into law to Ban the Box and bar most employers in the state from asking applicants about criminal records on initial job applications. HB 3025 also prohibits employers from excluding an applicant from an initial interview solely because of a past criminal conviction. Oregon is one of 18 states currently with Ban the Box laws along with more than 100 cities and counties. This new background check law takes effect January 1, 2016.
- California Law Limiting E-Verify Misuse Takes Effect January 1, 2016 – On October 9, 2015, California Governor Jerry Brown signed Assembly Bill (AB) 622 which takes effect on January 1, 2016 and will limit the misuse of the E-Verify employment eligibility verification system by prohibiting employers from using E-Verify in a manner not prescribed by federal law. AB 622 provides for a civil penalty of up to $10,000 for each violation of the law, clarifies the “tentative non-confirmation” (TNC) notification process, and creates grounds to stop employers from verifying workers.
- E-Verify Records Over Ten Years Old to Be Deleted January 1, 2016 – The U.S. Citizenship and Immigration Services (USCIS) announced that all E-Verify transaction records more than ten years old will be deleted from the system effective January 1, 2016, to comply with the retention and disposal schedule of the National Archives and Records Administration (NARA). According to a Fact Sheet, USCIS disposes of E-Verify records over 10 years old each January 1 to minimize security and privacy risks. To retain case information, employers must download reports by December 31, 2015.
- Employers May Comment on Proposed Changes to Form I-9 in January 2016 – The USCIS also published a notice in the Federal Register to inform the public of proposed changes to the Form I-9, Employment Eligibility Verification used to prove the identity of newly hired employees and confirm their eligibility to work in the United States. The public may submit a comment to the USCIS on the proposed changes to the Form I-9 – which is due to expire on March 31, 2016 – until January 25, 2015. After that date, the USCIS may make changes to the Form I-9 based on the comments received.
- US and EU Need Safe Harbor Solution by End of January 2016 – After the October 6, 2015 ruling by the Court of Justice of the European Union (CJEU) that invalidated the “Safe Harbor” data transfer pact between the United States (US) and European Union (EU), privacy watchdog group Article 29 Working Party and European Commission Guidance called on the US and EU to find a new solution by the end of January 2016 to avoid possible enforcement action. This issue is of particular importance to U.S. employers conducting international background checks on job applicants.
- ESR Chooses Top Ten Background Check Trends for 2016 – Each year, Employment Screening Resources (ESR) Founder and CEO Attorney Lester Rosen selects the annual ESR Top Ten Background Check Trends featuring emerging and influential trends in the screening industry. The top trends for 2016 include government oversight, Fair Credit Reporting Act (FCRA) lawsuits, expansion and consolidation, disruptive technology, accuracy, social media background checks, Ban the Box, emerging legal risks, job opportunities for ex-offenders, and EU US privacy concerns.
ESR Wishes Everyone A Happy New Year in 2016!
Employment Screening Resources® (ESR), a leading global background check firm, wishes everyone a Happy New Year in 2016. ESR is accredited by the National Association of Professional Background Screeners (NAPBS®) and has completed a SOC 2® Audit Report to show that ESR meets the highest standards for protecting the security, confidentiality, and privacy of background check data. For more information about ESR, please call toll free 888.999.4474 or visit http://www.esrcheck.com.
NOTE: Employment Screening Resources (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this web site is for educational purposes only.
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