Tag Archives: State laws

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

California Governor Signs Bill Prohibiting Mug Shot Shakedowns

ESR News Blog

Written By ESR News Blog Editor Thomas Ahearn

California Governor Jerry Brown has signed legislation – Senate Bill 1027 (SB 1027) – that amends the California Civil Code to prohibit websites from posting arrest mug shots and then charging a fee to remove the photos. The complete text of SB 1027 – which takes effect on January 1, 2015 – is available here: California SB 1027. Continue reading

Ban the Box Act Signed by New Jersey Governor

Ban the Box Blogs

Written By ESR News Blog Editor Thomas Ahearn

New Jersey Governor Chris Christie has signed Ban the Box legislation – (S2124) “The Opportunity to Compete Act” – that establishes 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

Rhode Island Enacts Student and Employee Social Media Privacy Acts

Social Media Background Checks

Written By ESR News Blog Editor Thomas Ahearn

Rhode Island Governor Lincoln D. Chafee has signed the 2014 Student and Employee Social Media Privacy Acts – 2014-S 2095Aaa and 2014-H 7124Aaa – to prevent potential employers or school admissions officers from asking applicants to provide login information or to sign into their social media accounts so an interviewer can view their online activities. A press release about the Rhode Island Social Media Privacy Acts is available on the State of Rhode Island General Assembly website: “Rhode Island enacts social media privacy laws” Continue reading

San Francisco Ban the Box Ordinance Takes Effect August 13

Ban the Box Information Page

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

The San Francisco Fair Chance Ordinance – also known as the Ban the Box Ordinance – will take effect Wednesday, August 13, 2014. This Ordinance will require employers with San Francisco City or County offices and worksites who have 20 or more employees to follow strict rules about inquiring into and using criminal record history of job applicants and employees. Continue reading

Background Checks Not Required at Carnivals and Fairs

ESR News Blog

Written By ESR News Blog Editor Thomas Ahearn

Oregon and Washington – along with the federal government – do not require carnivals and fairs to run criminal background checks on employees who work around children and sometimes even handle them, according to a report by the KATU Channel 2 On Your Side Investigators in Portland, Oregon. Continue reading

Indiana Changes Criminal Background Checks for Employers

Written By Thomas Ahearn

Indiana Background ChecksEffective July 1, 2014, an amended version of Indiana Code § 24-4-18-6 changes what information “criminal history providers” such as Consumer Reporting Agencies (CRAs) that assemble criminal history reports for employment background checks may report to employers. The amended version of Indiana Code § 24-4-18-6 is available at http://www.in.gov/legislative/ic/code/title24/ar4/ch18.html. Continue reading

Survey Finds California Public Employers Ready to Ban the Box

Written By Thomas Ahearn

Ban the BoxA survey released by the National Employment Law Project (NELP) details compliance efforts by public employers in California to successfully put in place new job applications to comply with a Ban the Box law – Assembly Bill 218 (AB 218) – which took effect July 1, 2014. The Ban the Box law removes questions about convictions from state and local government job applications and postpones such inquiries until later in the hiring process. The survey titled ‘Implementation of California Ban the Box Legislation (AB 218)’ is available at http://www.nelp.org/page/-/SCLP/2014/NELP-California-AB-218-Ban-the-Box-Implementation-Survey-Memo.pdf?nocdn=1. Continue reading