Tag Archives: State laws

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

Safe Hiring Expert to Present at Los Angeles HR Star Conference on February 29

To help Human Resources professionals stay in compliance with new laws regulating background checks in California, Attorney Lester Rosen, a safe hiring expert and CEO of background check firm Employment Screening Resources (ESR), will present a session titled “How to Comply with California’s Two New Laws Regarding Background Checks” on Wednesday, February 29, 2012 at the Los Angeles HR Star Conference. To register for the conference, which takes place from 9:00 a.m. to 4:30 p.m. at the Los Angeles Convention Center in Los Angeles, CA, visit: http://www.hrstarconference.com/la/(UPDATE: Jared Callahan, Director of Business Development for ESR and licensed Private Investigator, will speak at the LA HR Star Conference in place of Lester Rosen on February 29). Continue reading

California Bill AB 1450 would Prohibit Discrimination against Unemployed Jobseekers by Employers or Employment Agencies

In an effort to help stop discrimination against unemployed Californians looking for work who may be passed over by employers or employment agencies only interested in hiring applicants who already have a job, newly proposed legislation in the state – California Assembly Bill No. 1450 (AB 1450) – would fine California employers and employment agencies that refuse to consider jobless applicants for job openings. The full text of California AB 1450 is available at: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1401-1450/ab_1450_bill_20120105_introduced.pdf. Continue reading

New California Law Penalizes Employers for Willful Misclassification of Independent Contractors in 2012

Effective January 1, 2012, a new California law – Senate Bill 459 (SB 459) – imposes stiff penalties that range between $5,000 to $25,000 for the “willful misclassification” of independent contractors by employers “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.” To read SB 459, visit: http://leginfo.ca.gov/pub/11-12/bill/sen/sb_0451-0500/sb_459_bill_20111009_chaptered.pdf. Continue reading

New E-Verify Laws Create Complex Web of Federal and State Rules for Employers

While federal law mandates that federal contractors and subcontractors in all states must use the otherwise voluntary electronic employment eligibility verification system known as E-Verify, several U.S. states – including Alabama, Arizona, California, Georgia, and North Carolina – recently enacted laws mandating the use (or non-use) of E-verify, a free web-based system that allows employers to verify the legal work authorization status of newly hired employees, creating a complex and confusing web of laws and regulations. This is Trend Number 8 of the fifth annual  ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit http://www.esrcheck.com/ESR-Top-10-Trends-in-Background-Checks-for-2012.php. Continue reading

New California Background Check Laws Impacting Employers Take Effect January 1 2012

With the new year fast approaching, employers in California – and employers doing business in California – need to be aware of two new laws taking effect on January 1, 2012 that will change the way they conduct employment screening background checks in the state: California Assembly Bill 22 (CA AB 22), which relates the use of credit report checks of job applicants and current employees for employment purposes, and California Senate Bill 909 (CA SB 909), which relates to the “offshoring” of the Personally Identifiable Information (PII) of consumers who are the subjects of background checks. Continue reading

ESR Assured Compliance Offers Employers Automated Compliance with Employment Screening Laws through Online Paperless AGR System

 Employment Screening Resources (ESR) – a nationwide background screening firm accredited by the National Association of Professional Background Screeners (NAPBS®) – has announced the development of the “ESR Assured ComplianceSM process that allows employers to automatically comply with federal and state laws governing employment screening background checks through the company’s online paperless Applicant Generated Report (AGR) system that is constantly updated with required changes in hiring and employment regulations. For more information about “ESR Assured ComplianceSM, visit http://www.esrcheck.com/ESR-Assured-Compliance.php. Continue reading