Tag Archives: State laws

Georgia Department of Agriculture Failed To Use E-Verify for Employment Eligibility Verification

An audit has revealed that the Georgia Department of Agriculture failed to register to use the federal E-Verify electronic employment eligibility verification system until April of 2012 to check if newly hired employees were eligible to work in the United States when use of the database was required by state law of public employers since 2007, according to a report by the Associated Press (AP). The story from AP is available at http://www.gpb.org/news/2013/01/05/dept-of-agriculture-failed-to-use-e-verify. Continue reading

Ohio Attorney General to Warn Employers about Criminal Background Check Law

To avoid a false sense of security about job applicants during employment screening, Ohio Attorney General Mike DeWine plans to warn employers in the state that criminal background checks processed by his office under a new law will only include information about convictions and guilty pleas and will not include arrests and charges that did not result in convictions, the Associated Press (AP) reports. The full AP story is available at http://www.marionstar.com/viewart/20130116/NEWS01/301160002/Ohio-AG-advises-employers-about-background-checks. 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

New York Elder Care Facility Sex Offender Law would Require Background Checks of Senior Caregivers

Proposed legislation in New York for an “Elder Care Facility Sex Offender Law” would require senior care facilities to conduct criminal background checks for all employees using the state’s sex offender registry to prevent registered sex offenders from gaining employment. More information about the proposed bill from New York State Assemblyman Jim Tedisco (R,C,I-Glenville) and New York State Senator Kathy Marchione (R,C-Halfmoon), which would close a current loophole in the law, is available in a news release at http://www.marchione2012.com/2013/01/04/tedisco-marchione-call-for-elder-care-facility-sex-offender-law/. Continue reading

Top 20 Stories for Background Check Screening for 2012 from Employment Screening Resources

For the last day of the year, nationwide accredited background check provider Employment Screening Resources (ESR)http://www.esrcheck.com – has chosen the following ‘Top 20 Stories for Background Check Screening for 2012’ from the ESR News blog at http://www.esrcheck.com/wordpress/. Here are the top 20 stories for 2012 from ESR in order of the date posted: Continue reading

New E-Verify State Laws for 2013 Will Add to Already Confusing Patchwork of Regulations for Employers

On January 1, 2013, new E-Verify laws will take effect in Georgia, North Carolina, Pennsylvania, and Tennessee requiring many private employers to register for and begin using the federal E-Verify electronic employment eligibility verification system. This trend of states making their own laws for E-verify, an internet-based program that compares information from Form I-9s to government records to confirm that newly hired or current employees are authorized to work in the United States, only adds to the already confusing patchwork of regulations for employers to follow to maintain legal compliance. This is Trend Number 7 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Mobile App Developers Must Comply with California Online Privacy Protection Act by November 29

Effective November 29, 2012, all mobile application developers with “apps” available in California must be in compliance with the California Online Privacy Protection Act, according to a press release issued by  Attorney General Kamala D. Harris on October 30, 2012. The Attorney General formally notified up to 100 mobile app developers with ‘Notice of Non-Compliance with California Online Privacy Protection Act’ letters that they had 30 days to “conspicuously post a privacy policy within their app that informs users of what personally identifiable information about them is being collected and what will be done with that private information.” The press release is available at http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-notifies-mobile-app-developers-non-compliance. Continue reading

California Proposition 35 Requiring Sex Offenders to Disclose Internet Information Temporarily Blocked by Judge

A federal judge has temporarily blocked implementation of California Proposition 35, Californians Against Sexual Exploitation Act (“CASE ACT”), a new law overwhelmingly approved by 81 percent of voters on Election Day that contains a requirement for the state’s approximately 73,000 registered sex offenders to disclose online screen names and Internet service providers to law enforcement. A report from KTVU Fox Channel 2 News in Oakland, CA about the blockage of Proposition 35 is available at http://www.ktvu.com/news/news/state-regional-govt-politics/judge-temporarily-blocks-prop-35-internet-disclosu/nSz4t/. Continue reading

Marijuana Legalization Legislation Passed in Colorado and Washington Could Affect Workplace Drug Testing

Legislation legalizing recreational marijuana use that passed in two states on Election Day November 6, 2012 – Colorado Amendment 64 and Washington Initiative 502 – would legalize and regulate production, possession, and distribution of marijuana for persons age 21 and older and could affect drug testing by employers in the workplace, according to the eNewsletter State Drug Testing Laws Monthly. To stay current on state laws concerning drug testing, visit http://www.statedrugtestinglaws.com/. Continue reading

Security Industry Association Sends Letter of Opposition to Michigan Senate Bills that Weaken Background Checks

The Security Industry Association (SIA) has sent a letter of opposition to Michigan Statehouse leadership strongly urging the defeat of Senate Bill 1291 (SB 1291) and Senate Bill 1292 (SB 1292), the “Internet Protocol-Enabled Premises Security, Monitoring, and Control Act” and amendments to “Private Security Business and Security Alarm Act.” According to the SIA letter, this legislation circumvents current law in the State of Michigan by weakening background checks on security system installers in that state. For more information, visit the SIA Press Room at https://www.siaonline.org/content.aspx?id=10750. Continue reading