Governor Mark Dayton of Minnesota has signed into law Senate File 523 (SF 523) that will eliminate the checkmark box asking about criminal history on most job applications and limit private sector employers in the state from asking about criminal records of job applicants until an interview or a conditional job offer. The new law extends the “Ban the Box” provision that currently exists in public employment to private employers. For more information about SF 523 – which will take effect on January 1, 2014 – visit https://www.revisor.mn.gov/bills/bill.php?b=House&f=SF0523&ssn=0&y=2013. (more…)

A new California privacy case underscores the need for employers to respect the privacy of job applicants and maintain confidentially, regardless of whether information is shared in written form or in conversation. Although the case did not involve background checks, it concerned discussion of an employee’s personal medical condition with co-workers. The case is Ignat vs. YUM! Brands, Inc. filed March 18, 2013 for the California Fourth Appellate District. (more…)

A “Ban the Box” bill approved by the Minnesota House – SF 523 – would prevent private employers in the state from asking about the criminal history of job applicants until an interview or a conditional job offer. The bill has now been presented to Governor Mark Dayton for his signature, according to a report from the Star Tribune available at http://www.startribune.com/politics/statelocal/206699841.html. (more…)

Legislation pending in in the state of Texas – Senate Bill 990 (SB 990) – would prevent private companies that compile criminal history information in a database that is available in a searchable format from maintaining or sharing information about expunged records once they have received notice that the record has been expunged. The bill also seeks to create a listing of database companies so that notices of expungements can be directed to those who might have outdated information. More information about Texas Senate Bill 990 is available at http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB990. (more…)

With the signing Senate Bill 4 (SB 4) by Governor Martin O’Malley, Maryland became the ninth U.S. state to “Ban the Box” and remove questions about criminal history from state job applications while also postponing questions about criminal records of applicants until later in the hiring process.  SB 4 removes the criminal history question from state applications and defers the background check to later in the hiring process. To read SB 4, visit http://mgaleg.maryland.gov/2013RS/bills/sb/sb0004E.pdf. (more…)