A bill in California – AB 22 – sponsored by Assemblymember Tony Mendoza (D-56th District) that would ban the use of credit report background checks by employers during the hiring process has passed in the State Assembly with a vote of 45 to 29 and now heads to the Senate Labor and Industrial Relations Committee. Mendoza’s earlier attempts at similar legislation in the past – AB 482 (2010) and AB 943 (2009) – were both vetoed by former Governor Arnold Schwarzenegger. Continue reading
The New York State Senate has passed a bill – S5171B – sponsored by State Senator Charles J. Fuschillo, Jr. (R-Merrick) that would require all bus drivers to submit to criminal background checks in order to improve safety for bus passengers following several bus crashes caused by dangerous bus drivers with histories of criminal driving convictions. The legislation has been sent to the Assembly for consideration. Continue reading
A recent article from the HR Daily Advisor – ‘Which State Laws Make FCRA Just That Much Harder?’ – featured Attorney Lester Rosen, CEO of accredited background screening company Employment Screening Resources (ESR), who advised employers to follow state rules for the federal Fair Credit Reporting Act (FCRA) as part of the steps for FCRA compliance he offered at the Society for Human Resource Management (SHRM) Employment Law and Legislative Conference, held recently in Washington, DC. Continue reading
The State Senates of Louisiana and Pennsylvania have overwhelmingly passed legislation – Louisiana Senate Bill 66 and Pennsylvania Senate Bill 637 – that would require state contractors to use the government’s E-Verify electronic employment eligibility verification system to verify that the workers they hire are legally eligible to work in the United States. Both bills now head to the Houses in their respective states for consideration. Continue reading
Joining four other U.S. states – Hawaii, Illinois, Oregon, and Washington – prohibiting the use of credit information by employers, Maryland has enacted new legislation placing restrictions on so-called credit checks by employers that use the credit report or credit history of job applicants or employees for employment decisions. The law, known as the ‘Job Applicant Fairness Act,’ was signed by Maryland Governor Martin O’Malley in April of 2011 and will take effect on October 1, 2011. Continue reading
A newly released legislative report from the California Senate Office of Oversight and Outcomes found that residents of California – one of six U.S. states that do not regulate private in-home caregivers – may risk hiring private in-home caregivers who have criminal backgrounds and suggests that the elderly population in the state may suffer theft and abuse as a result of the lack of regulation for private in-home caregivers.
The report – ‘Caregiver Roulette: California Fails to Screen those who Care for the Elderly at Home’ – revealed that more than a quarter of caregivers accused or convicted of crimes had committed prior criminal offenses and warned that many private in-home caregiver agencies did not conduct proper background checks on potential caregivers. Continue reading
Joining a growing list of cities and states imposing restrictions on employer inquires into criminal record history, the city of Philadelphia, Pennsylvania has passed legislation that restricts employer inquiries into, and use of, criminal record history information.
On April 13, 2011, Mayor Michael Nutter signed Philadelphia Bill 110111-A, the Fair Criminal Record Screening Standards Act, which prohibits employers from including criminal record history questions on an employment application and from making personnel decisions based on records of an arrest that did not result in a conviction. Continue reading
Adding to the debate over whether globalization negatively affects the U.S. economy, new data from the U.S. Commerce Department shows that multinational corporations in the United States – familiar big brand-name companies which employ nearly 20 percent of all American workers – reduced their domestic workforce by 2.9 million jobs during the last decade while at the same time increasing their overseas workforce by 2.4 million jobs, the Wall Street Journal reports in the article ‘Big U.S. Firms Shift Hiring Abroad.’ Continue reading
While only four U.S. states – Hawaii, Oregon, Washington, and most recently Illinois – currently have laws limiting or prohibiting credit checks by employers on job applicants and employees, lawmakers in many U.S. states are currently proposing legislation restricting the use of credit reports for employment screening background checks.
In all, lawmakers in 18 U.S. states are considering bills that limit the use of credit report data for employment screening. These states include: California, Connecticut, Florida, Georgia, Indiana, Kentucky, Maryland, Michigan, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas, and Vermont. Continue reading
A recent article by two labor and employment attorneys published on the Association of Corporate Council (ACC) website – ‘Top Ten State Background Issues’ – summarizes key state background check issues that employers need to know about since there are an increasing number of state issues that must be considered by employers when conducting employment screening and drug testing on job applicants. Continue reading