Tag Archives: State laws

New E-Verify State Laws for 2013 Will Add to Already Confusing Patchwork of Regulations for Employers

On January 1, 2013, new E-Verify laws will take effect in Georgia, North Carolina, Pennsylvania, and Tennessee requiring many private employers to register for and begin using the federal E-Verify electronic employment eligibility verification system. This trend of states making their own laws for E-verify, an internet-based program that compares information from Form I-9s to government records to confirm that newly hired or current employees are authorized to work in the United States, only adds to the already confusing patchwork of regulations for employers to follow to maintain legal compliance. This is Trend Number 7 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Mobile App Developers Must Comply with California Online Privacy Protection Act by November 29

Effective November 29, 2012, all mobile application developers with “apps” available in California must be in compliance with the California Online Privacy Protection Act, according to a press release issued by  Attorney General Kamala D. Harris on October 30, 2012. The Attorney General formally notified up to 100 mobile app developers with ‘Notice of Non-Compliance with California Online Privacy Protection Act’ letters that they had 30 days to “conspicuously post a privacy policy within their app that informs users of what personally identifiable information about them is being collected and what will be done with that private information.” The press release is available at http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-notifies-mobile-app-developers-non-compliance. Continue reading

California Proposition 35 Requiring Sex Offenders to Disclose Internet Information Temporarily Blocked by Judge

A federal judge has temporarily blocked implementation of California Proposition 35, Californians Against Sexual Exploitation Act (“CASE ACT”), a new law overwhelmingly approved by 81 percent of voters on Election Day that contains a requirement for the state’s approximately 73,000 registered sex offenders to disclose online screen names and Internet service providers to law enforcement. A report from KTVU Fox Channel 2 News in Oakland, CA about the blockage of Proposition 35 is available at http://www.ktvu.com/news/news/state-regional-govt-politics/judge-temporarily-blocks-prop-35-internet-disclosu/nSz4t/. Continue reading

Marijuana Legalization Legislation Passed in Colorado and Washington Could Affect Workplace Drug Testing

Legislation legalizing recreational marijuana use that passed in two states on Election Day November 6, 2012 – Colorado Amendment 64 and Washington Initiative 502 – would legalize and regulate production, possession, and distribution of marijuana for persons age 21 and older and could affect drug testing by employers in the workplace, according to the eNewsletter State Drug Testing Laws Monthly. To stay current on state laws concerning drug testing, visit http://www.statedrugtestinglaws.com/. Continue reading

Security Industry Association Sends Letter of Opposition to Michigan Senate Bills that Weaken Background Checks

The Security Industry Association (SIA) has sent a letter of opposition to Michigan Statehouse leadership strongly urging the defeat of Senate Bill 1291 (SB 1291) and Senate Bill 1292 (SB 1292), the “Internet Protocol-Enabled Premises Security, Monitoring, and Control Act” and amendments to “Private Security Business and Security Alarm Act.” According to the SIA letter, this legislation circumvents current law in the State of Michigan by weakening background checks on security system installers in that state. For more information, visit the SIA Press Room at https://www.siaonline.org/content.aspx?id=10750. Continue reading

California Background Checks Discussed by Safe Hiring Expert in Live Webinar on November 14

Attorney and safe hiring expert Lester Rosen, Founder and CEO background check firm Employment Screening Resources (ESR), will present a live webinar titled ‘Background Checks in California: Know the Rules of the Road Before Getting on the Freeway’ with HR Hero® on Wednesday, November 14, 2012 from 10:30 a.m. to 12:00 p.m. Pacific Time. To register for the 90 minute webinar, which has been approved for up to 1.5 recertification credit hours through the HR Certification Institute (HRCI), visit: http://store.hrhero.com/events/audio-conferences-webinars/ca-background-checking. Continue reading

California Social Media Privacy Law AB 1844 Prohibits Employers from Demanding Usernames and Passwords from Applicants and Employees

On September 27, 2012, California Governor Edmund G. “Jerry” Brown Jr. announced that he had signed Assembly Bill 1844 (AB 1844) to increase privacy protections for social media users in the state by prohibiting  employers from demanding usernames, passwords, and information related to social media accounts such as Facebook from employees and job applicants. The new law also bans employers from firing or disciplining employees who refuse to divulge the information. The full text of California Assembly Bill 1844 (AB 1844) is at: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1844&search_keywords=. Continue reading

Federal E-Verify Electronic Employment Eligibility Verification Program Extended by Congress Until 2015

On September 13, 2012, Congress passed S. 3245, a bill that includes an extension by three years of the authorization for the federal E-Verify Electronic Employment Eligibility Verification Program until September 30, 2015. E-Verify, which was due to expire on September 30, 2012, allows U.S. employers to verify the work authorization of newly hired employees. This bill goes to President Obama next for him to sign. The full text of S. 3245 is available at: http://www.govtrack.us/congress/bills/112/s3245/text. Continue reading

North Carolina E-Verify Law Requires Use by Employers with 500 or More Employees Starting October 1

A law enacted by the North Carolina General Assembly in 2011 that requires businesses in the state with 25 or more employees to use the federal E-Verify electronic employment eligibility verification program to verify the work authorization of newly hired employees will continue to be phased in over the next year, and employers with 500 or more employees will be required to use E-Verify beginning October 1, 2012. The full text of House Bill 36 (H.B. 36) “An Act To Require Counties, Cities, And Employers To Use The Federal E-Verify Program To Verify The Work Authorization Of Newly Hired Employees” is available at: http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H36v7.pdf. Continue reading

Ohio Law Reforms Collateral Sanctions and Offers Protections for Employers Hiring Job Applicants with Criminal Records

The State of Ohio has passed new laws that will offer protections for employers hiring job applicants with criminal records.  The law, Senate Bill 337, which takes effect September 28, 2012, is an extensive reform of the collateral sanctions that impose employment restrictions and limitations on over 2 million Ohioans with misdemeanor and felony convictions. With SB 337, Ohio joins states such as Colorado, Florida, Illinois, Massachusetts, New York, and North Carolina in offering protections for employers that hire and employ rehabilitated ex-offenders from tort liability for negligent hiring and retention claims. The text of Senate Bill 337 is available at http://www.legislature.state.oh.us/bills.cfm?ID=129_SB_337. Continue reading