Tag Archives: State laws

Ohio Law Reforms Collateral Sanctions and Offers Protections for Employers Hiring Job Applicants with Criminal Records

The State of Ohio has passed new laws that will offer protections for employers hiring job applicants with criminal records.  The law, Senate Bill 337, which takes effect September 28, 2012, is an extensive reform of the collateral sanctions that impose employment restrictions and limitations on over 2 million Ohioans with misdemeanor and felony convictions. With SB 337, Ohio joins states such as Colorado, Florida, Illinois, Massachusetts, New York, and North Carolina in offering protections for employers that hire and employ rehabilitated ex-offenders from tort liability for negligent hiring and retention claims. The text of Senate Bill 337 is available at http://www.legislature.state.oh.us/bills.cfm?ID=129_SB_337. Continue reading

State E-Verify Laws for Employment Eligibility Verification of Workers Detailed in New Report

The Center for Immigration Studies (CIS) has released a new report, ‘An Overview of E-Verify Policies at the State Level,’ that details the growing use of the federal E-Verify electronic employment eligibility verification system by states to establish the legal work authorization status of newly hired employees in the United States. The July 2012 report is available on the CIS website at: http://cis.org/e-verify-at-the-state-level. Continue reading

Illinois Law Prevents Employers from Demanding Social Network Passwords from Employees and Job Candidates

A new law makes Illinois the second state to prevent employers from demanding social network passwords as Governor Pat Quinn recently signed legislation – House Bill 3782 (HB 3782) – that protects the right to privacy of current employees and job applicants by making it illegal for employers to request social network account information such as usernames or passwords to gain access to their accounts or profiles. The full text of the law, which takes effect January 1, 2013, is available here: Illinois House Bill 3782 (HB 3782). Continue reading

New Louisiana Law Requires Sex Offenders to List Status on Social Media Websites Starting August 1

New Louisiana legislation authored by State Representative Jeff Thompson (R-Bossier City) and signed into law by Governor Bobby Jindal – House Bill No. 249 – will expand sex offender registration requirements by requiring sex offenders and child predators to state their criminal status on social media websites such as Facebook starting on August 1, 2012. The full text of the new law is available at: http://legiscan.com/gaits/text/637699/Louisiana-2012-HB249-Engrossed.pdf. Continue reading

New Pennsylvania Law Requires E-Verify Use for State Public Works Contractors and Subcontractors

A bill recently signed into law by Pennsylvania Governor Tom Corbett – Act No. 127 (formerly Senate Bill 637), The Public Works Employment Verification Act – requires all public works contractors and subcontractors with the state to enroll in and use the federal E-Verify electronic employment eligibility verification system to verify the legal work authorization status of newly hired employees in the United States.  The text of the new legislation, which will take effect January 1, 2013, is available here: The Public Works Employment Verification Act. Continue reading

California Background Check Laws Examined at Annual San Francisco HR Star Conference on July 18

To help Human Resources professionals stay in compliance with new laws regulating background checks in California, Jared Callahan, Director of Business Development for San Francisco-area background check firm Employment Screening Resources (ESR) and a licensed Private Investigator, will present the session “How to Comply with California’s Two New Laws Regarding Background Checks” at the annual San Francisco HR Star Conference on Wednesday, July 18, 2012. For more information about the one day conference, which will be held from 9:00 a.m. to 4:30 p.m. Pacific Time at the South San Francisco Conference Center in South San Francisco, CA, visit: http://www.hrstarconference.com/sf/. Continue reading

New Indiana Law Restricts Criminal History Information Reported in Background Checks Starting July 1

Starting July 1, 2012, new legislation in Indiana – House Bill 1033 (HB 1033) – restricts criminal history reporting in background checks by prohibiting certain pre-employment inquiries, restricting the types of criminal history information that employers and background check report providers – also known as “Consumer Reporting Agencies” (CRAs) – can obtain from Indiana state court clerks, and restricting the types of criminal history information that CRAs can report to employers in background check reports. The full text of Indiana House Bill 1033 is available at: http://www.in.gov/legislative/bills/2012/HE/HE1033.1.html. Continue reading

California Bill to Prohibit Cities and Counties from Asking about Criminal History on Job Applications Fails

A California Assembly bill – AB 1831 – that would have prohibited cities and counties in the state from requesting criminal background information on initial job applications failed when the Senate Governance and Finance Committee decided not to extend similar restrictions on criminal record inquiries California adopted for state employees in 2010 to local governments, the Sacramento Bee reports. Introduced by Assemblyman Roger Dickinson (D-Sacramento) to help job seekers with a criminal history compete fairly with other applicants, AB 1831 would have allowed local governments to run background checks after finding the job applicant initially qualified. The text of the bill, which Dickinson said he will try to re-introduce next year, is available here: California Assembly Bill 1831. Continue reading

Vermont to Prohibit Employers from Using Credit Reports for Employment Decisions Starting July 1

Continuing the trend of states stopping employers from routinely obtaining credit reports on applicants and employees to use in making employment decisions, Vermont Act No. 154 (S. 95) prohibits employers in the state, subject to various exceptions, from using or inquiring into credit reports or credit histories of job applicants and employees in the employment context and further prohibits discriminating against individuals based on their credit information. Vermont is the eighth state to restrict the use of credit reports by employers, joining California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington. The text of the new law, which goes into effect July 1, 2012, is available at: http://www.leg.state.vt.us/docs/2012/bills/Passed/S-095.pdf. Continue reading

Law Requiring Criminal Background Checks for Bus Drivers Called For Following NTSB Report on Fatal NY Crash

New York State Transportation Committee Chairman Charles J. Fuschillo, Jr. (R-Merrick) has called on the New York State Assembly to pass legislation (S5171B) that would require criminal background checks for bus drivers following a new National Transportation Safety Board (NTSB) report that examined a tragic March 12, 2011 bus crash in Bronx, NY which killed 15 people and recommended more comprehensive driver history checks of bus drivers, according to a press release posted by Fuschillo on his official website. A synopsis of the NTSB report, including a complete list of the safety recommendations, is available at http://www.ntsb.gov/news/events/2012/new_york_ny/index.html. Continue reading