New Hampshire Protects Social Media and Email Privacy

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 …

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

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 …

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California Governor Signs Bill Prohibiting Mug Shot Shakedowns

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 …

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Ban the Box Act Signed by New Jersey Governor

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 …

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Rhode Island Enacts Student and Employee Social Media Privacy Acts

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 …

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San Francisco Ban the Box Ordinance Takes Effect August 13

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 …

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Background Checks Not Required at Carnivals and Fairs

Written By ESR News Blog Editor Thomas Ahearn Oregon and Washington – along with the federal government – do not require carnivals and fairs to run criminal background checks on employees who work around children and sometimes even handle them, according to a report by the KATU Channel 2 On Your Side Investigators in Portland, …

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Indiana Changes Criminal Background Checks for Employers

Written By Thomas Ahearn Effective July 1, 2014, an amended version of Indiana Code § 24-4-18-6 changes what information “criminal history providers” such as Consumer Reporting Agencies (CRAs) that assemble criminal history reports for employment background checks may report to employers. The amended version of Indiana Code § 24-4-18-6 is available at http://www.in.gov/legislative/ic/code/title24/ar4/ch18.html.

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Survey Finds California Public Employers Ready to Ban the Box

Written By Thomas Ahearn A survey released by the National Employment Law Project (NELP) details compliance efforts by public employers in California to successfully put in place new job applications to comply with a Ban the Box law – Assembly Bill 218 (AB 218) – which took effect July 1, 2014. The Ban the Box …

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Two New Tennessee Employment Laws Take Effect July 1

Written By Thomas Ahearn Tennessee Governor Bill Haslam has signed two new employment laws that take effect July 1, 2014. One, The Tennessee Negligent and Retention Law, is designed to provide protection to employers that hire and retain employees with convictions while helping ex-offenders gain employment. The other, Senate Bill 2126 (SB 2126), limits liability …

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