Tag Archives: Background Checks

Equal Employment for All Act Would Prohibit Employers from Using Credit Report Checks when Hiring

Congressman Steve Cohen (D-Tennessee-09) has introduced legislation in the U.S. House of Representatives – H.R. 645, the ‘Equal Employment for All Act’ – that would amend the Fair Credit Reporting Act (FCRA) to prohibit employers from using credit report checks and bankruptcy filings when hiring or making adverse employment decisions. Under H.R. 645, some exceptions allowing the use of credit reports would include jobs requiring security clearance, state or local government jobs, or certain individuals working in the financial industry. The full text of ‘the ‘Equal Employment for All Act’ is available at http://www.gpo.gov/fdsys/pkg/BILLS-113hr645ih/pdf/BILLS-113hr645ih.pdf. Continue reading

Access to Public Court Records in California Threatened by Proposed Search Fee in Trailer Bill

In a move that could significantly limit access to public court records, a trailer bill written by the California Administrative Office of the Courts proposes to charge a $10 fee on nearly every court file requested by members of the general public – including journalists and court researchers who review a large amount of files for news stories and background checks – according to an article on the Courthouse News Service website. The article is available at http://www.courthousenews.com/2013/03/13/55701.htm. Continue reading

Social Networking Online Protection Act would Prevent Employers and Schools from Requiring Usernames and Passwords

Legislation currently in Congress – H. R. 537, the Social Networking Online Protection Act (SNOPA) – would enhance social media privacy by protecting users of social networking sites from having to divulge personal information such as usernames and passwords to employers and schools. Re-introduced by Congressman Eliot Engel (D-NY-16), Congresswoman Jan Schakowsky (D-IL-9), and Congressman Michael Grimm (R-NY-11), SNOPA would protect employees, job applicants, students, and people facing disciplinary action from being required to give information used to access online accounts. The full text of the SNOPA legislation is available at http://www.govtrack.us/congress/bills/113/hr537/text. Continue reading

California Background Checks Topic of Presentation at Los Angeles HR Star Conference on March 20

Attorney and safe hiring expert Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), will discuss ‘Ten Things You Need to Know About California Background Checks in 45 Minutes’ in a presentation at the Los Angeles HR Star Conference on Wednesday, March 20, 2013. The LA HR Star Conference will take place at the Los Angeles Convention Center in Los Angeles, California from 9:00 a.m. to 4:30 p.m. Pacific Time. For more information, visit http://www.hrstarconference.com/la/. Continue reading

Background Checks and Fingerprinting Considered for California State Health Insurance Exchange Workers

California state officials looking to hire 20,000 workers to help individuals enroll in the state health insurance exchange are considering whether these new employees – known as “assisters” – should undergo background checks and fingerprinting, according to a report from the Los Angeles Times available at http://articles.latimes.com/2013/mar/15/business/la-fi-insure-criminal-checks-20130315. Continue reading

San Francisco Court Separates Misdemeanor and Felony Cases into Two Indexes for Public Records Research

The San Francisco Superior Court has made significant changes to the nature of the predominantly used pre-2013 index in paper form that was until recently a combined felony/misdemeanor index, according to an alert from a Public Records Research Provider. The court has separated misdemeanor and felony cases into separate indexes issued in multiple “books” separated by letters of the alphabet. In the past, the court had issued a new combined index roughly every month to update the existing index.

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New York Social Security Number Protection Law Amendment Allows Employers to Request SSN for Background Checks

New York law signed by Governor Andrew Cuomo in August 2012 that amended the state’s 2008 Social Security Number Protection Law has caused some concern for New York employers conducting background checks. However, a review of the law demonstrates that when it comes to background checks conducted under the federal Fair Credit Reporting Act (FCRA) and state law, the law does not impede an employer’s ability to utilize a Social Security number (SSN). Continue reading

New EEOC Criminal Record Guidance Subject of Session at SHRM Conference in Albuquerque on February 25

Attorney Lester Rosen, a safe hiring expert and founder and CEO of background check firm Employment Screening Resources (ESR), will present a session titled ‘Practical Steps to Comply with the New Equal Employment Opportunity Commission (EEOC) Criminal Record Guidance’ at the 2013 Society for Human Resource Management (SHRM) NM Employment Law & Legislative Conference in Albuquerque, New Mexico on Monday, February 25, 2013 from 2:00 PM to 3:15 PM MST. For more information and to register for the SHRM conference, visit http://www.shrmnm.org/2013_Legislative_Conference.aspx. Continue reading

DOL Office of Contract Compliance Programs Issues Directive on Use of Criminal Records for Background Checks

The Department of Labor’s (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new Directive on ‘Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.’ The OFCCP Directive advises federal contractors and subcontractors about potential discriminatory liability resulting from using criminal records for employment background checks and warns policies that exclude workers with criminal records without taking into account the age and nature of the offense could violate Title VII of the Civil Rights Act by adversely impacting minority candidates. The OFCCP Directive, which took effect immediately, is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm. Continue reading

Safe Hiring Expert Lester Rosen Discusses Top Background Check Trends for 2013 on The Proactive Employer

Attorney Lester Rosen, a safe hiring expert and Founder and CEO of background check firm Employment Screening Resources (ESR), discussed ‘The Top Ten Trends for Background Checks in 2013 – What Every Employer Needs to Know’ during an interview by Stephanie R. Thomas, Ph. D., the host of The Proactive Employer, on February 7, 2013. To listen to the interview of Lester Rosen, visit http://www.blogtalkradio.com/theproactiveemployer/2013/02/07/the-top-10-trends-for-background-checks-in-2013. Continue reading