Tag Archives: State laws

Ban the Box Movement Limiting Criminal History Questions on Job Applications Spreads Across US

More cities and states are joining the “Ban the Box” movement limiting questions employers may ask about criminal records on job applications. In June 2013, Rhode Island become the latest state to enact a “Ban the Box” law when it passed Senate Bill 357 (SB 357) to limit inquiries on employment applications regarding past criminal convictions except when federal or state law specifically disqualifies a person from employment due to a prior conviction or authorizes such inquiries. The full text of SB 357 – which will take effect on January 1, 2014 – is available at http://openstates.org/ri/bills/2013/SB357/. Continue reading

Rhode Island Enacts Ban the Box Law Limiting Ability of Employers to Ask About Criminal History

The state of Rhode Island has enacted a “Ban the Box” law – Senate Bill 357 (SB 357) – that will prohibit inquiries on employment applications regarding prior criminal convictions except when federal or state law specifically disqualifies a person from employment due to a prior conviction or authorizes such inquiries. The full text of SB 357 – which was signed by Rhode Island Governor Lincoln Chafee on July 16, 2013 and will take effect on January 1, 2014 – is available at http://openstates.org/ri/bills/2013/SB357/. Continue reading

New Indiana Law Allowing Expungement of Old Criminal Records Takes Effect July 1

A new law in Indiana that takes effect July 1, 2013 – Indiana House Enrolled Act No. 1482 – will allow state residents to have certain old criminal records “expunged” or erased by the courts and could create job opportunities for ex-offenders. Signed into law by Governor Mike Pence in May 2013, this “second chance” law applies to both employers based in Indiana and those who hire workers in the state. The full text of the new law is available at http://www.in.gov/legislative/bills/2013/HE/HE1482.1.html. Continue reading

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