Tag Archives: State laws

California Background Check Laws Unique

 CalifonriaStateShapeFlag_Small

Written By ESR News Blog Editor Thomas Ahearn

California has background check laws unique from the rest of the country, according to one safe hiring expert from the Golden State. These “only in California” rules make legally complaint background checks crucial for employers in the state, where stakes are so high that failure to dot an “i” or cross a “t” during the screening process can result in being sued for $10,000 per occurrence. Continue reading

New Jersey Ban the Box Act Takes Effect March 1

Ban the Box Blogs

Written By ESR News Blog Editor Thomas Ahearn

Effective March 1, 2015, Ban the Box legislation in New Jersey – (S2124) “The Opportunity to Compete Act” – will establish certain employment rights for reformed ex-offenders and provides job applicants who have criminal records with protections when they seek employment. The law prevents employers from asking about criminal records of job applicants early in the hiring process. The Ban the Box Act is available at http://www.njleg.state.nj.us/2014/Bills/S2500/2124_I1.HTM. Continue reading

Georgia Latest State to Ban the Box

Ban the Box Blogs

Written By ESR News Blog Editor Thomas Ahearn

Georgia Governor Nathan Deal has signed an Executive Order that will make Georgia the 14th state to Ban the Box. Job applicants will no longer be required to disclose their criminal histories on job applications for state jobs. A copy of the Executive Order is available at https://gov.georgia.gov/sites/gov.georgia.gov/files/related_files/document/02.23.15.03.pdf. Continue reading

Michigan Law Protects Employers Hiring Ex-Offenders with Certificate of Employability

State Laws

Written By ESR News Blog Editor Thomas Ahearn

Effective January 1, 2015, new Michigan laws – Public Acts 359, 360, and 361 – offer protection for employers in the state that hire ex-offenders by issuing a “certificate of employability” to certain prisoners before their release. Under the new Michigan law, these certificates may be used as evidence to show duty of care by employers when hiring or retaining ex-offenders. A summary of these Public Acts – Michigan House Bills 5216, 5217, and 5218 that have become law – is available here. Continue reading

New Employment Laws Take Effect New Year’s Day 2015

State Laws

Written By ESR News Blog Editor Thomas Ahearn

Several new employment laws taking effect on New Year’s Day 2015 across the United States will affect employers in the coming year. A quick listing and brief description of just some of these new employment laws and practices involving employers taking effect on January 1, 2015 are listed below. For a listing of recent updates in state employment laws, visit http://www.esrcheck.com/wordpress/tag/state-laws/. Continue reading

Employment Laws Will Become More Fragmented as Cities and States Pass Hiring Laws in 2015

 Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Employment laws in the United States will become more fragmented as cities and states continue to pass their own laws on hiring in 2015. These new laws will cover a wide variety of areas within the employment screening process including “Ban the Box” laws for job applications, criminal records, privacy on social media, and credit checks. The trend toward localization – particularly on the local, county, or city level – can have the effect of discouraging employers from setting up operations or hiring in places that place an undue burden on doing business. This trend is number 3 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

Proposition 47 Reduces Some Felonies to Misdemeanors

Proposition 47 & California Background Check News

Written By ESR News Blog Editor Thomas Ahearn

A ballot measure passed in California on Election Day – Proposition 47 – The Safe Neighborhood and Schools Act (Initiative 13-0060) – requires misdemeanor sentences instead of felony sentences for certain drug and property offenses and allows criminal offenders who commit “certain non-serious and non-violent drug and property crimes” to have their felony charges reduced to misdemeanors. To learn more about Proposition 47 – which became law the day after the election on November 5, 2014 – please visit http://www.voterguide.sos.ca.gov/en/propositions/47/. Continue reading

California Background Checks Examined in Webinar November 4

ESR Founder & CEO Attorney Lester Rosen

Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester S. Rosen, founder and CEO of Employment Screening Resources® (ESR), will present a webinar titled “Background Checks in California: HR Best Practices Given EEOC Guidance, the FCRA & Ban-the-Box Laws” on Tuesday, November 4, 2014 from 1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific. For more information about the webinar, please visit http://store.blr.com/backgroundchecksca-092314. Continue reading

New Hampshire Protects Social Media and Email Privacy

Social Media Background Checks

Written By ESR News Blog Editor Thomas Ahearn

A law that took effect in New Hampshire on September 30, 2014 – House Bill 1407 (HB 1407) – prohibits employers in the state from requiring employees or job applicants to disclose social media or electronic mail passwords. The final version of HB 1407 is available at http://www.gencourt.state.nh.us/legislation/2014/HB1407.html. Continue reading

New Minnesota Drug Testing Case Gives Guidance on Which State Law Controls Background Checks

Court Cases

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

A recurring issue for employers and background screening firms is which state law to apply when a criminal record is found in one state for a job in another state.  Confusion can be created if an applicant is offered a job in one state, but has a criminal record in another state where the reporting requirements may be different.  The proper  “choice of law” can be challenging. Continue reading