A case decided by the California Supreme Court on June 23, 2011 graphically demonstrates the difference between allegations of negligent hiring as opposed to “vicarious” liability where an employer has direct responsibility for the acts of an employee.Continue reading "California Supreme Court Case Demonstrates Difference Between Negligent Hiring and Direct Employer Vicarious Liability"
A new law in Alabama signed by Republican Governor Robert Bentley would require employers to use the now-voluntary federal employment eligibility verification system known as E-Verify to ensure that newly hired employees are legally eligible to work in the United States and would also authorize the revocation of business licenses for companies that employ illegal …Continue reading "New Alabama Law Requires Employers to Use E-Verify Employment Eligibility Verification System"
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. …Continue reading "California Bill Eliminating Credit Checks by Employers during Hiring Process Passes State Assembly and Heads to Senate"
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 …Continue reading "New York State Senate Passes Bill Requiring Criminal Background Checks for All Bus Drivers"
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 …Continue reading "State Laws Make Federal Fair Credit Reporting Act Compliance Difficult for Employers"
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 …Continue reading "Louisiana and Pennsylvania Senates Pass Bills Requiring State Contractors to Use E-Verify"
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 …Continue reading "Maryland Latest US State to Place Restrictions on Use of Credit Checks by Employers"
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 …Continue reading "Report Finds California Fails to Properly Background Check Private In-Home Caregivers for the Elderly"
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 …Continue reading "City of Philadelphia to Restrict Employer Use of Criminal Record History"
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 …Continue reading "New Data Confirms Trend of Outsourcing Jobs Outside of US with Offshoring Affects Unemployment"