Tag Archives: State laws

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

CALI To Host Free Webinar for Members November 29 on New California Laws Impacting Background Screening

The California Association of Licensed Investigators (CALI) Legislative Committee will host a free webinar for CALI members on Tuesday, November 29, 2011 from 2:00 PM to 3:25 PM Pacific Time featuring Attorney at Law Lester Rosen, the founder and CEO of Employment Screening Resources (ESR) and CALI member. The webinar will focus on two new California laws taking effect January 1, 2012 – Assembly Bill 22 (AB 22) and Senate Bill 909 (SB 909) – that will impact background screening for employment purposes. (NOTE: An archived version of the webinar “New California Laws Impacting Background Checks in 2012″ is available to CALI members at: http://www.cali-pi.org/news/78277/Nov-29-Webinar-by-Les-Rosen.htm). Continue reading

E-Verify Use Rising in California as Employers Use Electronic Employment Eligibility Verification System

Despite California Governor Jerry Brown recently signing into law the Employment Acceleration Act of 2011 (A.B. 1236) that prohibits cities and counties in the state from requiring employers to use an electronic employment eligibility verification system such as E-Verify beginning January 1, 2012, an article in the Contra Costa Times reveals that more than 26,000 employers in the Golden State have signed up for the federal E-Verify program that checks if newly hired employers are legally eligible to work in the United States. Continue reading

Counties in Utah and Washington Pass E-Verify Employment Eligibility Verification Requirements

In the latest change to the growing patchwork of laws regarding the federal E-Verify electronic employment eligibility verification system, two counties in Utah and Washington – Washington County, UT and Cowlitz County, WA – have unanimously passed laws requiring the use of the E-Verify system that checks the work authorization status of newly hired workers to ensure that they are legally eligible to work in the United States. These actions follow in step with a May 2011 Supreme Court ruling that upheld a 2007 Arizona law requiring employers to enroll in the voluntary federal E-Verify program. Continue reading

Several US States Now have Laws Regulating Use of Credit Reports for Employment Purposes

A number of U.S. states have either passed, or are considering passing, laws regulating credit reports used by employers for employment purposes. Most recently, California Governor Jerry Brown signed Assembly Bill 22 into law that prohibits employers or prospective employers in California, with the exception of certain financial institutions, from obtaining consumer credit reports for employment purposes beginning on January 1, 2012. Here is a summary of the seven states – California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington – that currently have laws regulating credit report use by employers. Continue reading

California SB 459 Enacts Stiff Penalties for Employers Willfully Misclassifying Workers as Independent Contractors

Adding to the recent changes in laws regarding the use of employment credit checks and E-Verify by employers in the Golden State, California Governor Jerry Brown has approved Senate Bill 459 (SB 459) that enacts stiff penalties – including fines of $5,000 to $10,000 for first violations and up to $25,000 for repeat violations – for employers found to have “voluntarily and knowingly” misclassified workers as independent contractors. To read the full text of SB 459, which will take effect January 1, 2012, visit: http://leginfo.ca.gov/pub/11-12/bill/sen/sb_0451-0500/sb_459_bill_20111009_chaptered.pdf. Continue reading

Report Shows Almost Two Million Unemployed Americans Risk Unemployment Insurance Cut Offs in January 2012

According to a new report issued by the National Employment Law Project (NELP) – “Hanging on by a Thread” – nearly two million unemployed Americans will be cut off from federal unemployment insurance in January 2012 and millions more will face the same fate in the months following unless Congress reauthorizes the programs before they expire on December 31, 2011. The report warns a cut in federal unemployment insurance programs known as Emergency Unemployment Compensation (EUC) and Extended Benefits (EB) would deal blows to the unemployed, businesses, and the U.S. economy. The report is at: http://www.nelp.org/page/-/UI/2011/NELP_UI_Extension_Report_2011.pdf. Continue reading

Employment Acceleration Act of 2011 Prohibits Cities, Counties, and Special Districts in California from Requiring the Use of E-Verify

While several U.S. states have passed laws requiring use of the electronic employment eligibility verification system known as E-Verify, California Governor Jerry Brown recently signed the Employment Acceleration Act of 2011 (A.B. 1236) that opposes E-Verify mandates and prohibits – except as required by federal law or as a condition of receiving federal funds – cities, counties, and special districts in California from requiring employers to use an electronic employment eligibility verification system such as E-Verify. To read the Employment Acceleration Act of 2011, visit: http://leginfo.ca.gov/pub/11-12/bill/asm/ab_1201-1250/ab_1236_bill_20110909_enrolled.pdf. Continue reading

Governor Brown Signs Two Bills Impacting Use of Credit Reports and E-Verify by Employers in California

Over the weekend, California Governor Jerry Brown signed two Assembly Bills – ‘AB 22’ and ‘AB 1236’ – that will impact the way employers in the state conduct credit report checks on job applicants and use the federal E-Verify employment eligibility verification system to check the work authorization status of newly hired employees. AB 22 prohibits most employers or prospective employers from obtaining consumer credit reports for employment purposes while AB 1236, the Employment Acceleration Act of 2011, prevents state and local governments from requiring California businesses to use E-Verify to check if newly hired workers are legally eligible to work in the United States. The new laws take effect January 1, 2012. Continue reading