Tag Archives: Massachusetts

Winter Storm Stella Closes Courts in Northeast Due to Blizzard Warnings

Gavel

Written By ESR News Blog Editor Thomas Ahearn

Winter Storm Stella, which The Weather Channel reports is “hammering the Northeast with heavy snow, intensifying winds, even some accumulating ice,” and led to blizzard warnings in parts of nine states from Pennsylvania to Maine, has also caused many court closures in the areas affected by the massive storm. Continue reading

Uber and Lyft Drivers in Massachusetts to Undergo Most Comprehensive State Background Checks in Nation

 ContinuousScreening

Written By ESR News Blog Editor Thomas Ahearn

The two largest Transportation Network Companies (TNC) in Massachusetts – Uber and Lyft – have entered into voluntary agreements to ensure the immediate implementation of the most stringent background checks for TNC drivers of any state in the nation, according to a press release from the office of Governor Charlie Baker. Continue reading

NAPBS Issues Comments on Proposed Changes to Massachusetts Criminal Offender Record Information

 NAPBS logo

Written By ESR News Blog Editor Thomas Ahearn

The National Association of Professional Background Screeners (NAPBS®) has submitted comments to the Massachusetts Department of Criminal Justice Information Services (DCJIS) in response to the revised version of the proposed changes to DCJIS regulations governing the Criminal Offender Record Information (CORI) that reiterates previous comments NAPBS filed with the DCJIS in May of 2016. Continue reading

Massachusetts Passes Law with Strongest Background Check Requirements in Nation for Transportation Network Companies

 ArrowFigures

Written By ESR News Blog Editor Thomas Ahearn

On August 5, 2016, Massachusetts Governor Charlie Baker signed bipartisan legislation – Bill H. 4570 – an Act for regulating drivers of  “transportation network companies” (TNCs) such as Uber and Lyft that includes “the strongest state background check requirements in the nation,” according to a press release from the Governor’s office. Continue reading

Massachusetts Pay Equity Law Prohibits Employers from Asking Applicants about Salary History before Job Offer

 MassachusettsPayEquityLaw

Written By ESR News Blog Editor Thomas Ahearn

On August 1, 2016, Massachusetts Governor Charlie Baker signed a bipartisan pay equity bill – S.2119, An Act to Establish Pay Equity – to prevent wage discrimination on the basis of gender.  The new law also prohibits employers from requiring applicants to provide their salary history before receiving a formal job offer. S.2119 will take effect on July 1, 2018 for employers and employees in Massachusetts. Continue reading

Massachusetts Authorizes National Fingerprint Based Criminal Background Checks on All Teachers and School Employees

Massachusetts Governor Deval Patrick has signed a bill – H4307, “An Act Relative to Background Checks” – that closes an existing criminal history background checks loophole by authorizing the Department of Early Education and Care (EEC) and school districts to conduct national fingerprint-based criminal history background checks on all teachers, school employees, and early education providers in the state. To read the full text of Bill H4307, visit http://www.malegislature.gov/Bills/187/House/H04307. Continue reading

Massachusetts CORI Reform Law Effective May 4 2012

The Massachusetts Department of Criminal Justice Information Services (DCJIS) has launched a new Criminal Offender Record Information (CORI) request service online called ‘iCORI’ that will allow individuals and organizations to request and obtain Massachusetts criminal offender record information over the Internet. For more information about iCORI, one of the main provisions of the new CORI Reform law that took effect on May 4, 2012, visit the DCJIS web page at: http://www.mass.gov/eopss/agencies/dcjis/. Continue reading

Massachusetts Criminal Offender Record Information CORI Reform Law Provisions Take Effect May 4

On May 4, 2012, many of the new provisions of the Criminal Offender Record Information (CORI) Reform Law, Chapter 256 of the Acts of 2010 signed by Massachusetts Governor Deval Patrick in August of 2010 will take effect. Commonly known as ‘CORI Reform,’ the law changes who will have authorized access to CORI and how CORI will be accessed.  As a result of the CORI Reform, the Massachusetts Department of Criminal Justice Information Services (DCJIS) will replace the existing CORI system with a new secure, web-based system called ‘iCORI’ that should be available on May 7, 2012. Continue reading

Massachusetts Data Privacy Protection Law Third Party Provision Takes Effect March 1

The Massachusetts Offices of Consumer Affairs and Business Regulations (OCABR) passed strict data privacy and security regulations ‘201 CMR 17.00: STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION OF RESIDENTS OF THE COMMONWEALTH’ that went into effect March 1, 2010 to protect the personal information of Massachusetts residents by requiring businesses to have a multitude of safeguards including a comprehensive Written Information Security Policy (WISP). Effective March 1, 2012, any company, in any location, that holds the personal information of Massachusetts residents must amend its existing third party vendor contracts to require compliance with Massachusetts data security regulations. The law is available at:  http://www.mass.gov/ocabr/docs/idtheft/201cmr1700reg.pdf. Continue reading

ESR NEWS ALERT: Massachusetts CORI Reform Law Prohibits Employers from Asking About Criminal Convictions on Initial Job Applications Effective November 4, 2010

By Thomas Ahearn, ESR News Blog

Starting November 4, 2010, employers in Massachusetts will no longer be able to ask about convictions on “initial” job applications because of new legislation that prohibits employers from asking questions on initial written job applications about criminal offender record information, which includes criminal charges, arrests, and incarceration.

As previously reported on the ESR News Blog, the new law overhauls the Commonwealth’s Criminal Offender Record Information (CORI) law and contains several provisions that will affect the way employers use the criminal histories of prospective and current employees and impact Massachusetts employers performing criminal background checks on job applicants and employees.

While the new law does not prevent employers from obtaining criminal histories of job applicants or employees contained in the CORI database, under the CORI reform law those records will no longer contain:

  • Felony convictions closed for more than ten years, whether convictions occurred more than ten years ago or individuals were released more than ten years ago.
  • Misdemeanor convictions closed for more than five years.

In addition, the new law also includes the following provisions:

  • Employers that decide not to hire applicants or take adverse actions based on criminal histories in CORI reports must first give applicants copies of the reports.
  • Employers conducting five (5) or more criminal background checks per year must maintain a written criminal offender record information policy.
  • Employers are prohibited from maintaining CORI records of former employees or unsuccessful job applicants for more than seven years from the last date of employment or from the date of the decision not to hire the job applicant.

After the initial application of the CORI reform law provision which restricts questions by employers about criminal history on initial written job applications takes effect on November 4, 2010, employers that continue to ask questions on initial written applications about felony or misdemeanor convictions after that date may be subject to liability under the new law, experts warn.

For more information, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.

Employment Screening Resources (ESR) is the company that wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen. ESR is recognized as Background Screening Credentialing Council (BSCC) Accredited by the National Association of Professional Background Screeners (NAPBS®) for proving compliance with the Background Screening Agency Accreditation Program (BSAAP). For more information about Employment Screening Resources, visit http://www.ESRcheck.com.

Sources:
http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter256
http://www.esrcheck.com/wordpress/2010/10/05/new-massachusetts-cori-reform-law-prohibits-employers-from-asking-about-criminal-convictions-on-initial-job-applications-starting-november-4/