Tag Archives: State laws

Colorado Bill Restricting Credit Report Checks of Job Applicants for Employment Screening Defeated

A State House committee in Colorado has voted to defeat legislation – SB-3, The ‘Employment Opportunity Act’ – that would have restricted the use of credit report checks of job applicants by employers for employment screening, The Denver Post reports, and the vote against SB-3 “ran along party lines with six Republicans voting against five Democrats on the committee.” The full Post story is at: http://www.denverpost.com/breakingnews/ci_20208956/house-panel-kills-bill-stop-credit-check-job. Continue reading

California Supreme Court Rules Schools Liable for Sexually Abusive Teachers

In a ruling that will make school sex abuse lawsuits easier for California parents and students to file, the California Supreme Court has ruled that school districts can be held “vicariously liable” for the negligent hiring, retention, and supervision of employees who are prone to sexually abusing students. California Supreme Court Justice Kathryn Werdegar wrote the unanimous Supreme Court opinion for the case ‘C.A. a Minor, etc. v. WILLIAM S. HART UNION HIGH SCHOOL DISTRICT et al.’ that is available at: http://www.courtinfo.ca.gov/opinions/documents/S188982.PDF. Continue reading

New California Background Check Laws Explained in Webinar on March 20

To help Human Resources professionals understand new California background check laws, Attorney and safe hiring expert Lester Rosen, CEO of Employment Screening Resources (ESR), will present a live interactive HR Hero webinar titled ‘Background Checks in California: Recently Passed Legislation, How to Legally Use Credit Inquires, and More’ on Tuesday, March 20, 2012 at 1:30 PM to 3:00 PM Eastern Time (10:30 AM to 12:00 PM Pacific). To register for the program – which has been approved for 1.5 recertification credit hours through the HR Certification Institute (HRCI), visit: http://store.hrhero.com/events/audio-conferences-webinars/ca-background-checking. Continue reading

Illinois Bill would Require Online Dating Sites to Disclose if They Conduct Criminal Background Checks

Legislation under consideration in Illinois – House Bill 4083 (HB 4083) ‘INTERNET DATING SAFETY ACT’ – would require online dating sites to clearly and conspicuously disclose to all Illinois members if they conduct criminal background checks. Introduced by State Representative Michelle Mussman (D-Schaumburg), HB 4083 would also require Internet dating services to provide a safety awareness notification to all Illinois members of safer dating practices. The full text of HB 4083 is available here. Continue reading

Illinois Bill Would Bar Employers from Asking Job Applicants for Social Media Passwords during Background Checks

A bill – Illinois H.B. 3782 – originally introduced last spring and recently taken up by the Illinois legislature’s Labor Committee would amend the state’s ‘Right to Privacy in the Workplace Act’ to bar employers from asking prospective employees for their usernames or passwords to their social media profiles on sites like Facebook or Twitter. Introduced by State Representative La Shawn Ford (D-Chicago), H.B. 3782 would make it illegal for employers to gain total access to social media sites of job applicant’s during the hiring process. The full text of Illinois H.B. 3782 is available here. Continue reading

California Assembly Bill 1831 would Prohibit Local Governments from Asking about Criminal History on Initial Job Applications

A new piece of California legislature – Assembly Bill No. 1831 (AB 1831) – would prohibit local governments in the state “from inquiring into or considering the criminal history of an applicant or including any inquiry about criminal history on any initial employment application.” AB 1831 would only authorize a local government to consider the criminal history of a job applicant “after the applicant’s qualifications have been screened and the agency has determined the applicant meets the minimum employment requirements as stated in any notice issued for the position.” California Assembly Bill 1831 is available at: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1801-1850/ab_1831_bill_20120222_introduced.pdf. Continue reading

Oregon Criminal Background Check Legislation HB 4091 Passes House and Heads to Senate

The Oregon House recently passed legislation, House Bill 4091 (HB 4091), aimed at removing redundancies, inconsistencies, and holes in Oregon’s systems of criminal background checks and the bill now moves to the Oregon Senate for consideration, according to a news release from the House Democratic Caucus. If passed, HB 4091 would make criminal background checks easier and less costly to track and maintain for volunteers and employees in human service and education positions and would also attempt to make background checks more usable across agencies. Continue reading

Massachusetts Data Privacy Protection Law Third Party Provision Takes Effect March 1

The Massachusetts Offices of Consumer Affairs and Business Regulations (OCABR) passed strict data privacy and security regulations ‘201 CMR 17.00: STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION OF RESIDENTS OF THE COMMONWEALTH’ that went into effect March 1, 2010 to protect the personal information of Massachusetts residents by requiring businesses to have a multitude of safeguards including a comprehensive Written Information Security Policy (WISP). Effective March 1, 2012, any company, in any location, that holds the personal information of Massachusetts residents must amend its existing third party vendor contracts to require compliance with Massachusetts data security regulations. The law is available at:  http://www.mass.gov/ocabr/docs/idtheft/201cmr1700reg.pdf. Continue reading

New California Background Check Laws for 2012 Examined at LA HR Star Conference on February 29

To help Human Resources professionals comply with new background check laws in California, Jared Callahan, the Director of Business Development for 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 Los Angeles HR Star Conference on Wednesday, February 29, 2012 at the Los Angeles Convention Center in Los Angeles, California. To register for the LA HR Star conference, which takes place from 9:00 a.m. to 4:30 p.m., visit: http://www.hrstarconference.com/la/. Continue reading

Colorado Employment Opportunity Act Restricting Credit Checks by Employers Passes First Vote

The Denver Post reports that Colorado senators have given initial approval to legislation – Senate Bill 3 (SB-3) The “Employment Opportunity Act” – that would restrict businesses in the state from using consumer credit report checks to screen most job applicants if passed. Sponsored by Senator Morgan Carroll (D-Aurora), SB-3 passed on a voice vote and now heads to a final reading before the Senate. If SB-3 is passed by the Senate and the House, Colorado would become the eighth U.S. state to restrict credit checks for employment, joining California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington. The text of SB-3 is available at: http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/8D79274CA03CF03A87257981007E0C6C?open&file=003_01.pdf. Continue reading