Tag Archives: State laws

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

Two New Tennessee Employment Laws Take Effect July 1

Written By Thomas Ahearn

Tennessee LawsTennessee Governor Bill Haslam has signed two new employment laws that take effect July 1, 2014. One, The Tennessee Negligent and Retention Law, is designed to provide protection to employers that hire and retain employees with convictions while helping ex-offenders gain employment. The other, Senate Bill 2126 (SB 2126), limits liability and the damages available under the state’s statutory employment discrimination laws. Continue reading

Tennessee Passes Employee Online Privacy Act of 2014

Written By Thomas Ahearn

Blogs about PrivacyTennessee Governor Bill Haslam has signed a password protection law – the “Employee Online Privacy Act of 2014” (S.B. 1808) – which will prevent employers in the state with one or more employees from requiring employees and job applicants to disclose usernames and passwords for their personal internet accounts except under certain circumstances. The full text of this new law, which takes effect January 1, 2015, is available at http://www.capitol.tn.gov/Bills/108/Bill/SB1808.pdf. Continue reading

Louisiana Passes Personal Online Account Privacy Protection Act

Written By Thomas Ahearn

Blogs about PrivacyLouisiana Governor Bobby Jindal has signed House Bill 340 (HB 340), the Personal Online Account Privacy Protection Act into law to prohibit employers in the state from requesting or requiring access to the personal online accounts of job applicants or employees effective immediately. The full text of HB 340, the Personal Online Account Privacy Protection Act is available at http://www.legis.la.gov/legis/ViewDocument.aspx?d=908152&n=HB340 Act. Continue reading

Illinois May Ban the Box for Private Employers

Written By Thomas Ahearn

Illinois Ban the BoxA Senate Committee of the Illinois General Assembly has voted to approve legislation – House Bill 5701, The Job Opportunities for Qualified Applicants Act – to restrict private employers with more than 15 employees from asking job applicants about criminal records until later in the hiring process. A copy of HB5701 is at http://ilga.gov/legislation/98/HB/PDF/09800HB5701lv.pdf. (Updated July 21, 2014: Illinois Governor Signs Ban the Box Legislation) Continue reading

Delaware Latest State to Ban the Box

Written By Thomas Ahearn

Ban the BoxDelaware Governor Jack Markell has signed Ban the Box legislation – House Bill 167 – that will prohibit public employers in the state from inquiring into criminal records of job applicants before their first interview by “banning the box” that asks job candidates to check if they have a criminal record. The full text of House Bill 167 is at http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/HB+167/$file/legis.html?open. Continue reading

New Georgia Law Helps Ex-Offenders Find Jobs and Protects Employers

Written By Thomas Ahearn

ESR News BlogGeorgia Governor Nathan Deal has signed into law Senate Bill 365 (SB 365) to help rehabilitated offenders successfully re-enter society by removing barriers to employment and making it easier for employers to hire ex-offenders, reduce recidivism and create jobs. The text of SB 365, which also offers protection for employers hiring ex-offenders, is at http://gov.georgia.gov/documents/sb-365. Continue reading

New York State AG Secures Agreements with Background Check Firms

Written By Thomas Ahearn

ESR News BlogNew York State Attorney General Eric T. Schneiderman has announced his office has secured agreements with four large background check firms that will prohibit them “from automatically disqualifying applicants with criminal convictions and require the agencies to defer hiring decisions to employers who must conduct an individualized consideration of candidates in accordance with New York State law.” A press release about the agreements is available at http://www.ag.ny.gov/press-release/ag-schneiderman-announces-agreements-background-check-agencies-end-illegal-hiring. (Español) Continue reading

Employers Need Caution with Background Check Laws

Written By Thomas Ahearn

home-applicant-generated-report-systemTo help employers understand background check laws and regulations, Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), will present a live 60 minute audio conference for AudioSolutionz titled ‘Extreme Caution Advised: Dealing with Federal and State Laws Regulating Pre-Employment Screening and Safe Hiring’ on Friday, March 7, 2014 at 10:00 A.M Pacific. For more information, visit http://www.audiosolutionz.com/hr-compliance-employment/safe-hiring.html. Continue reading