Tag Archives: State laws

E-Verify Must Be Used by Most Employers in Georgia and North Carolina by July 1

On July 1, 2013, the final phase of laws passed in Georgia and North Carolina – Georgia House Bill 87, the “Illegal Immigration Reform and Enforcement Act of 2011” and North Carolina Session Law 2011-263 House Bill 36 – take effect and mandate the use of E-Verify for most private companies in those states. Georgia employers with more than ten employees and North Carolina employers with more than twenty five employees must begin using the E-Verify employment eligibility verification program to check work authorization for all new hires. For more information about E-Verify, visit http://www.dhs.gov/e-verify. Continue reading

Starting July 1 New Colorado Law Specifies Permissible Use of Credit Reports by Employers

A new law passed by the Colorado General Assembly that takes effect July 1, 2013 – SB13-018, the “Employment Opportunity Act” – will specify the permissible use of credit reports by employers. The Act outlines the purposes for which consumer credit information such as consumer credit reports and credit scores can be used by private sector employers or potential employers with four or more employees in making employment-related decisions. More information about the Employment Opportunity Act is available at http://www.coloradocapitolwatch.com/bill/0/SB13-018/2013/1/. Continue reading

New Texas Law Protects Employers Performing Background Checks and Encourages Employment of Ex-Offenders

A new law in Texas – H.B. 1188 – signed by Governor Rick Perry on June 14, 2013 will amend the Texas Civil Practice and Remedies Code so that “a cause of action may not be brought against an employer, general contractor, premises owner, or other third party solely for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has been convicted of an offense.” More information about Texas H.B. 1188, which will become effective on September 1, 2013, is available at http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1188. Continue reading

Delaware Bill Would Prohibit Employers from Considering Criminal Record and Credit History of Applicants before Job Offer

Lawmakers in Delaware have introduced legislation – House Bill No. 167 – that would prohibit public employers in the state from considering the criminal record or credit history of an applicant before making a conditional job offer. The bill would also restrict the authority of state and local government agencies to conduct criminal background checks on potential new hires. The full text of House Bill No. 167 is available at http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/HB+167/$file/legis.html?open. Continue reading

North Carolina Expunged Criminal Record Bill Signed Into Law

In May of 2013, North Carolina Governor Pat McCrory signed legislation – Senate Bill 91, Prohibit Expunction Inquiry – that will prohibit employers or educational institutions from requesting that job applicants provide information regarding arrests, criminal charges, or criminal convictions that have been expunged. The full text of the ratified North Carolina Senate Bill 91, most of which takes effect December 1, 2013, is available at http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S91v5.pdf. Continue reading

Nevada Becomes Tenth State to Prohibit Use of Credit Reports by Employers for Employment Purposes

With Governor Brian Sandoval signing Senate Bill 127 (SB 127) into law, Nevada has now become the tenth state in the U.S. to prohibit employers from conditioning employment on a consumer credit report or other credit information with few exceptions. The full text of Nevada SB 127 – which goes into effect on October 1, 2013 – is available at: http://openstates.org/nv/bills/77/SB127/. Continue reading

Rhode Island to Require State Background Checks for School Volunteers

Governor Lincoln Chafee has signed into law legislation requiring school volunteers in Rhode Island to undergo a state criminal background check, according to a report by the Providence Journal available at http://news.providencejournal.com/breaking-news/2013/05/chafee-signs-bill-requiring-background-checks-for-school-volunteersready.html. Continue reading

Minnesota Extends Ban the Box Provision Removing Criminal Record Question from Job Applications to Private Sector Hiring

Governor Mark Dayton of Minnesota has signed into law Senate File 523 (SF 523) that will eliminate the checkmark box asking about criminal history on most job applications and limit private sector employers in the state from asking about criminal records of job applicants until an interview or a conditional job offer. The new law extends the “Ban the Box” provision that currently exists in public employment to private employers. For more information about SF 523 – which will take effect on January 1, 2014 – visit https://www.revisor.mn.gov/bills/bill.php?b=House&f=SF0523&ssn=0&y=2013. Continue reading

New California Case Underscores Employers Confidential and Privacy Obligations Regarding Employment Screening Background Reports

A new California privacy case underscores the need for employers to respect the privacy of job applicants and maintain confidentially, regardless of whether information is shared in written form or in conversation. Although the case did not involve background checks, it concerned discussion of an employee’s personal medical condition with co-workers. The case is Ignat vs. YUM! Brands, Inc. filed March 18, 2013 for the California Fourth Appellate District. Continue reading

Minnesota Ban the Box Bill Regarding Criminal Records of Job Applicants Sent to Governor for Signature

A “Ban the Box” bill approved by the Minnesota House – SF 523 – would prevent private employers in the state from asking about the criminal history of job applicants until an interview or a conditional job offer. The bill has now been presented to Governor Mark Dayton for his signature, according to a report from the Star Tribune available at http://www.startribune.com/politics/statelocal/206699841.html. Continue reading