Tag Archives: State laws

New Employment Laws Take Effect New Year’s Day 2015

State Laws

Written By ESR News Blog Editor Thomas Ahearn

Several new employment laws taking effect on New Year’s Day 2015 across the United States will affect employers in the coming year. A quick listing and brief description of just some of these new employment laws and practices involving employers taking effect on January 1, 2015 are listed below. For a listing of recent updates in state employment laws, visit http://www.esrcheck.com/wordpress/tag/state-laws/. Continue reading

Employment Laws Will Become More Fragmented as Cities and States Pass Hiring Laws in 2015

 Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Employment laws in the United States will become more fragmented as cities and states continue to pass their own laws on hiring in 2015. These new laws will cover a wide variety of areas within the employment screening process including “Ban the Box” laws for job applications, criminal records, privacy on social media, and credit checks. The trend toward localization – particularly on the local, county, or city level – can have the effect of discouraging employers from setting up operations or hiring in places that place an undue burden on doing business. This trend is number 3 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

Proposition 47 Reduces Some Felonies to Misdemeanors

Proposition 47 & California Background Check News

Written By ESR News Blog Editor Thomas Ahearn

A ballot measure passed in California on Election Day – Proposition 47 – The Safe Neighborhood and Schools Act (Initiative 13-0060) – requires misdemeanor sentences instead of felony sentences for certain drug and property offenses and allows criminal offenders who commit “certain non-serious and non-violent drug and property crimes” to have their felony charges reduced to misdemeanors. To learn more about Proposition 47 – which became law the day after the election on November 5, 2014 – please visit http://www.voterguide.sos.ca.gov/en/propositions/47/. Continue reading

California Background Checks Examined in Webinar November 4

ESR Founder & CEO Attorney Lester Rosen

Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester S. Rosen, founder and CEO of Employment Screening Resources® (ESR), will present a webinar titled “Background Checks in California: HR Best Practices Given EEOC Guidance, the FCRA & Ban-the-Box Laws” on Tuesday, November 4, 2014 from 1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific. For more information about the webinar, please visit http://store.blr.com/backgroundchecksca-092314. Continue reading

New Hampshire Protects Social Media and Email Privacy

Social Media Background Checks

Written By ESR News Blog Editor Thomas Ahearn

A law that took effect in New Hampshire on September 30, 2014 – House Bill 1407 (HB 1407) – prohibits employers in the state from requiring employees or job applicants to disclose social media or electronic mail passwords. The final version of HB 1407 is available at http://www.gencourt.state.nh.us/legislation/2014/HB1407.html. Continue reading

New Minnesota Drug Testing Case Gives Guidance on Which State Law Controls Background Checks

Court Cases

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

A recurring issue for employers and background screening firms is which state law to apply when a criminal record is found in one state for a job in another state.  Confusion can be created if an applicant is offered a job in one state, but has a criminal record in another state where the reporting requirements may be different.  The proper  “choice of law” can be challenging. Continue reading

California Governor Signs Bill Prohibiting Mug Shot Shakedowns

ESR News Blog

Written By ESR News Blog Editor Thomas Ahearn

California Governor Jerry Brown has signed legislation – Senate Bill 1027 (SB 1027) – that amends the California Civil Code to prohibit websites from posting arrest mug shots and then charging a fee to remove the photos. The complete text of SB 1027 – which takes effect on January 1, 2015 – is available here: California SB 1027. Continue reading

Ban the Box Act Signed by New Jersey Governor

Ban the Box Blogs

Written By ESR News Blog Editor Thomas Ahearn

New Jersey Governor Chris Christie has signed Ban the Box legislation – (S2124) “The Opportunity to Compete Act” – that establishes certain employment rights for reformed ex-offenders and provides job applicants who have criminal records with protections when they seek employment. The law prevents employers from asking about criminal records of job applicants early in the hiring process The Ban the Box Act is available at http://www.njleg.state.nj.us/2014/Bills/S2500/2124_I1.HTM. Continue reading

Rhode Island Enacts Student and Employee Social Media Privacy Acts

Social Media Background Checks

Written By ESR News Blog Editor Thomas Ahearn

Rhode Island Governor Lincoln D. Chafee has signed the 2014 Student and Employee Social Media Privacy Acts – 2014-S 2095Aaa and 2014-H 7124Aaa – to prevent potential employers or school admissions officers from asking applicants to provide login information or to sign into their social media accounts so an interviewer can view their online activities. A press release about the Rhode Island Social Media Privacy Acts is available on the State of Rhode Island General Assembly website: “Rhode Island enacts social media privacy laws” Continue reading

San Francisco Ban the Box Ordinance Takes Effect August 13

Ban the Box Information Page

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

The San Francisco Fair Chance Ordinance – also known as the Ban the Box Ordinance – will take effect Wednesday, August 13, 2014. This Ordinance will require employers with San Francisco City or County offices and worksites who have 20 or more employees to follow strict rules about inquiring into and using criminal record history of job applicants and employees. Continue reading