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San fran skyline

Things aren’t getting any easier for employers in California. As I posted way back in February, San Francisco has banned the box. Effective August 13, 2014, employers in the city or county of San Francisco may no longer inquire about criminal history on employment applications or during interviews. It’s Ban the Box on steroids, and it may be coming to a city near you.

Titled The San Francisco Fair Chance Ordinance, No. 17-14, the new law prohibits both private and public employers with at least 20 employees from asking about a criminal past on the job application or in an initial interview. The law also restricts asking about criminal history on applications for affordable housing within the city. With respect to employment, the law applies to temporary workers, contract workers, and city contractors and subcontractors. The proponents of this and similar laws are trying to give ex-offenders a second chance by deferring questions about criminal history until after the application stage of hiring.

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Compliance Employment Background Checks

For those interested in staying up-to-date with the latest in compliance for pre-employment background screening and the laws that affect your use of employment background checks, follow our publication, BTW: Your Guide to Staying Out of Hot Water. This compliance resource has been created by our VP of Compliance and General Counsel, Angela Preston, and is a must-read for human resources and security professionals.

The Sharks are Circling: Two New FCRA Class Actions

Just when you thought it was safe to get back in the water, the sharks are circling with more FCRA-related class action claims. This time Home Depot and Aaron’s furniture stores are the companies under attack. Read More

The Problem(s) with Ban the Box

Ban the box has gone viral. And while the removal of this little check box has potentially made life easier for job seekers with a criminal past, it has created much confusion and frustration for employers. Read More

Ban the Box Update: Rochester, DC, New Jersey, and Illinois

You might be tired of hearing about “ban the box” by now, but as the list continues to grow, so does the importance of employment background checks. Read More

Have a question for our next issue? Send an email to askangela@employeescreen.com and you may see an answer next month!



 






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Compliance Employment Background Checks

Just when you thought it was safe to get back in the water, the sharks are circling with more FCRA-related class action claims. This time Home Depot and Aaron’s furniture stores are the companies under attack. Just a couple weeks ago, when most Americans were cutting out of work early to get to their July 4th parties, these two retailers were hit with class action lawsuits alleging violations of the Fair Credit Reporting Act (FCRA) in their background screening process.

This is a continuation of the wave of FCRA class action lawsuits that I have written about all too often in the past year. Investing in some preventive FCRA compliance measures this summer can really pay off, especially since the litigation continues—and recent settlements are costing employers millions of dollars.

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Ban the Box Employment Background Checks

Ban the box has gone viral. And while the removal of this little check box has potentially made life easier for job seekers with a criminal past, it has created much confusion and frustration for employers. If you haven’t been in the loop, “ban the box” is the catchy phrase that refers to removal of the check box on a job application asking whether a candidate has been convicted of a crime. Ban the box shows no signs of slowing down, and it’s creating new headaches, not to mention real risks, for employers across the country.

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Ban the box

Another day, another dollar. And another ban the box bill.

The city of Rochester has banned the box, joining other US cities like Buffalo, Baltimore, Newark, Philadelphia, San Francisco, and Seattle. You can read about the specifics here.

The Washington D.C. Council is currently reviewing the “Fair Criminal Record Screening Act of 2014″ which has sparked plenty of debate and controversy. Like the Rochester ordinance, it would prohibit both public and private employers with more than four employees from asking about criminal history until after an initial job interview or after a conditional offer of employment.

New York City is considering its own version of ban the box, called the NYC Fair Chance Act.

At the state level, a few weeks ago the New Jersey legislature passed a bill that now sits on Governor Christie’s desk. If signed, the Garden State will join Hawaii, Massachusetts, Minnesota and Rhode Island in banning the box. You can read more about the details of the New Jersey bill here.

Illinois is expected to soon follow; a similar law sits on the governor’s desk. For those of you keeping track, eight additional states (California, Colorado, Connecticut, Delaware, Illinois, Maryland, Nebraska, New Mexico) have removed that question from applications for public or state jobs. In Georgia, an executive order will soon ban the box on state employment applications.

If you haven’t already, read my latest analysis: The Problem(s) with Ban the Box and let me know what you think!




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Indiana

Effective July 1, 2014, Indiana has a new rule on what information “criminal history providers” can report in employment background checks. This latest version of Ind. Code § 24-4-18-6 makes a technical correction to the law and clears up a few things.  Unlike previous versions of the statute, the new law allows reporting of non-conviction and pending records as long as the information is within the 7 year window required under the Fair Credit Reporting Act.

As it now reads, the law limits reporting of expunged records and sealed records—records that any compliant screening company wouldn’t give you anyway. It also prohibits reporting certain classes of felonies that have been reduced or converted to a misdemeanor, and creates a statutory cause of action for the intentional or “knowing” act of reporting an inaccurate record. [...]

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Baltimore Ban the Box

Baltimore is the latest major U.S. city to “ban the box.” Mayor Stephanie Rawlings-Blake is expected to sign a controversial bill that prohibits both private and public employers from asking job seekers about their criminal background on job applications. The bill passed the city council on April 28, 2014 with a vote of 10-4.

The Baltimore law raises the stakes to a whole new level by imposing criminal penalties for employers who violate the law, including a fine of up to $500 per violation, and up to 90 days in prison. Employers found in violation may face both a fine and imprisonment for each offense. Ironically, in an effort to help ex-cons, the law creates a new class of criminals.

Under the bill, employers may ask about criminal history and conduct a criminal background check only after making a conditional offer of employment. The bill has been widely criticized by business groups who point out the time and expense posed by requiring a conditional offer of employment. The law provides a safe harbor for federal, state, or local mandates where a background check is required, and it also provides an exemption for employers who handle vulnerable populations. [...]

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Compliance Employment Background Checks

For those interested in staying up-to-date with the latest in compliance for pre-employment background screening and the laws that affect your use of employment background checks, follow our publication, BTW: Your Guide to Staying Out of Hot Water. This compliance resource has been created by our VP of Compliance and General Counsel, Angela Preston, and is a must-read for human resources and security professionals.

The 411 on 420: Marijuana, Drug Testing, and the Workplace

The May issue of By The Way brings you a topic rising in popularity, The 411 on 420: Marijuana, Drug Testing, and the Workplace. Angela analyzes marijuana in the workplace and the law, the difference between recreational and medicinal use, and what all of this means for employers. Read More Here.

Not So Fast: Swift Settles FCRA Claim with $4.4M for Background Checks

Not too long ago, Swift Transportation finally settled with $4.4M for a claim that the company had violated the Fair Credit Reporting Act. Find out the results of the case and how to avoid being the next Swift case here.

US Senate Bill Targets Credit Checks and FCRA Reform

The third story discusses the recent SECURE Act of 2014, related to the use of credit reports by employers and others. Read more to find out the contents of this bill and how this could affect employers.

Ask Angela: Background Checks and the Candidate Experience

Lastly, Ask Angela returns this month with a question related to candidate experience. Angela reviews what not to do when it comes to applicants and employment background checks. Read More Here.


















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Candidate Experience

This month, we are looking at things from the job applicant’s point of view. I’m answering a question from Quentin, a job candidate who was rejected for employment by Big Kahuna Burger (BKB). Based on Quentin’s version of the facts, his question reads a lot like what NOT to do for a positive candidate experience. Of course, the names have been changed to protect the innocent.

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Substance Abuse Screening

Can you fire someone for testing positive for marijuana in the workplace? With pot dispensaries outnumbering Starbucks in cities like Denver, and websites like weedmaps popping up on the web, it’s a legitimate question. Maintaining a drug free workplace has been somewhat complicated by the legalization of marijuana (aka cannabis, or just plain old “pot”) in the states. Legalization and or de-criminalization of marijuana is a growing trend. The federal government has stepped back from enforcement of marijuana offenses, in part because of the actions of the states.  All of this leaves some employers scratching their heads—wondering, when it comes to pot, what’s legal and what’s not?

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