Legislative Updates


FTC’s Identity Theft “Red Flag” Mandate Effective November 1, 2009 (10/29/2009)
The FTC’s “Red Flag” mandate to curb identity theft is set to take effect on November 1, 2009, one full year after the original policy was to be enforced.

Schwarzenegger Torpedos California Assembly Bill to Eliminate Employment Credit Reports (10/15/2009)
Thank you Governor Arnold for rejecting California Assembly Bill 943. This was the second time in two years that the governor vetoed an effort to eliminate the use of employment credit reports.

California AB943 Threatens Use of Credit Reports . . . Again (9/17/2009) ()
In October, 2008 California Governor Arnold Schwarzenegger vetoed a bill that would have banned the use of employment credit reports. Now AB943 appears to be a mirror image of its predecessor.

Changes on the Way for E-Verify? (9/17/2009) ()
Get used to E-Verify. It’s not going away. It’s going to expand and sooner, rather than later it will affect your organization if it hasn’t already.

E-Verify Mandatory for Federal Contractors (9/1/2009) ()
This is a reminder that all Federal Contractors are mandated to use E-Verify to confirm employee’s right to work status in the United States, effective September 8, 2009.

FTC’s Identity Theft “Red Flag” Enforcement Delayed Again (7/31/2009) ()
In a development that should surprise absolutely no one, the Federal Trade Commissionhas announced another delay in their enforcementof the “Red Flag” guidelines aimed to curb identity theft until November 1, 2009.

New Court Fees Proposed in New Hampshire (7/15/2009) ()
The state of New Hampshire has announced plans to raise court access fees to $20.00 per name for court records. If you are interested in participating, you can send a letter or email the New Hampshire Administrative Office of the Courts.

HR 3149 Threatens to Ban Credit Reports (7/10/2009) ()
The US House of Representatives has introduced HR 3149 which seeks to amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.

Breaking News: DHS Strengthens Administration’s Commitment to E-Verify (7/8/2009) ()
It appears that the government is finally ready to follow through on its mandate to have all federal contractors use E-Verify to confirm employment eligibility on all workers. After several delays since the rule was supposed to take effect in January, 2009, DHS sent out this release this morning.

All State of Missouri Sex Offenders Must Register (7/6/2009) ()
According to BolivarMoNews.com, “A recent Missouri Supreme Court ruling will require all sex offenders in Missouri, regardless of when or where the offense occurred, to register with the state sex offender registry.”

Another Delay for E-Verify Enforcement (6/2/2009) ()
DHS has again delayed enforcement of the requirement that mandates federal contractors use the E-Verify system to check the eligibility of their employees to work in the U.S. until at least September 8, 2009.

Utah Selections Procedures Act (5/12/2009) ()
According to Seyfarth Shaw Labor and Employment Attorney Pam Devata “Employers subject to this law may also not use information about an applicant for any other purpose than to determine whether the employer will hire the applicant as an employee.

FTC Delays Enforcement of “Red Flags” Rules Again (5/1/2009) ()
The FTC has announced that are delaying enforcement of the “Red Flags” Guidelines for Identity Theft Prevention until August 1, 2009 for all Creditors and Financial Institutions.

Revised I-9 Employment Verification Form (4/13/2009) ()
Effective April 3, 2009 all U.S. employers must use the new I-9 Form which was revised earlier this year.

Hawaii House Bill 31 Threatens Use of Credit Checks (2/27/2009) ()
Legislators in the state of Hawaii have drafted a bill that would prohibit employers from using credit reports when conducting employment background checks.

Connecticut House Bill 5521 Threatens Use of Credit Checks (2/19/2009) ()
The stated purpose of Connecticut House Bill 5521is “to prevent discrimination against prospective employees on the basis of their credit history.”

New Mexico House Bill 103 Threatens Employment Background Checks (2/9/2009) ()
Legislators in the state of New Mexico have introduced a bill that would remove personal identifiers such as Social Security Numbers and Dates of Birth from public records.

DHS Postpones E-Verify Requirement . . . Again (1/29/2009) ()
Now we’ve learned that the parties have agreed to extend the applicability date to May 21, 2009, and asked the court to stay the proceedings to allow President Barrack Obama’s Administration an opportunity to review the rule.

DHS Postpones E-Verify Requirement (1/12/2009) ()
According to the Washington Business Journal, the federal government has postponed a requirement that mandates federal government contractors to use the E-Verify system to check the eligibility of their employees to work in the U.S. until February 20, 2009.

Alert for New York Employers Conducting Background Checks: Article 23-A (1/6/2009) ()
As of February 5, 2009 you must comply with the New York State Correction Law Article 23-A, Section 753 “Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses”.

USCIS Revises Employment Eligibility Verification Form Requirements (12/28/2008) ()
By now many of you are aware of the mandate that all federal contractors must utilize an electronic employment eligibility process to determine an employee’s right to work status. However, did you know that the government has revised the list of acceptable identity documents?

Federal Contractor E-Verify Rule Is Final! By Teresa A. Cheek of Young Conaway]()
Starting on January 15, 2009, once you are awarded a federal contract worth more than $100,000 that has a performance term of 120 days or more, or if you have a subcontract worth more than $3,000, you will have 30 days to enroll in the federal contractor E-Verify program.

FTC Delays Enforcement of “Red Flags” Rules: Employers Still Must Comply]()
We learned yesterday afternoon that the FTC had announced that they were going to delay enforcement of the “Red Flags” Guidelines for Identity Theft Prevention until May 1, 2009 for all Creditors and Financial Institutions. This delay does not apply to employers who still need to be in compliance by the original November 1, 2008 deadline.

Short-Term Extension Of E-Verify Sets Up Big 2009 Battle
A bruising partisan battle over an overhaul of the nation’s immigration laws is expected to surface in the early days of the next Congress and new presidential administration, a clash that already has lawmakers, lobbyists and immigration advocates gearing up to fight.

Update: California Bill to Limit Credit Reports Vetoed (10/1/2008) ()
California Governor Arnold Schwarzennger vetoes bill that would have severely limited credit reports on potential employees.

New York Amendment to State Correction Law Has New Provisions for Employers (9/11/2008) ()

Basically, the law requires employers that conduct background checks to post a copy in a visually conspicuous area and provide all applicants who have a criminal record a copy of . . .

California Employers Beware: Right to Review Credit Reports Threatened (8/26/2008) ()

California Assembly Bill 2918 which seeks to limit state employers’ ability to review credit reports for employment background screening purposes has been described as “dangerously close to becoming a critical issue”.

Massachusetts Proposes Redaction of Personal Identifiers: Bad News for Employment Screening (7/25/2008) ()
The state of Massachusetts is proposing some pretty significant regulations in order to protect privacy and limit the opportunity for identity theft. If accepted, this proposal would eliminate the ability of Consumer Reporting Agencies (CRA’s) and employers to confirm that a criminal record belongs to an applicant . . .

State of New York Increases Protection of Employees’ Personal Identifying Information (7/18/2008) ()
In May, we informed you of legislation in New York which imposed penalties on employers who failed to secure employees’ social security numbers. Our friends at Seyfarth Shaw LLP have now informed us that the state has now passed a similar law, but this time it concentrates on the internal use of this data.

Rhode Island Governor Vetoes Bill to Destroy Criminal Records()
This would have been a tremendous set-back to any organization who conducts background checks on potential job candidates in Rhode Island.

State of New York Moves to Close Loop Hole for Sex Offenders]()
“This legislation will close a dangerous loophole and ensure that families are better informed and better protected. I urge the Governor to sign this measure into law.”

State of Vermont Announces New Court Access Fees]()
Effective July 1, 2008 the state of Vermont has raised the court access fees from $10.00 to $30.00.

Connecticut Law Requires Safeguards for Personal Data and Social Security Number Policy()

On June 10, 2008, Connecticut enacted a law which will require businesses that maintain personal information (e.g. Social Security number (SSN), driver’s license

number, account number, or credit/debit card number), to,

among other things:

DOT Clears the Way For CDL Employers to Report Drug Use]()

The DOT has passed an interim final rule which allows both employers and (TPA’s) to report drug and alcohol testing violations of employees who hold Commercial Drivers Licenses and drive commercial motor vehicles to the applicable state agency if required by state law.

Federal Contractors Now Mandated to Use E-Verify]()

On June 6, 2008 President Bush issued an executive order that mandates the use of E-Verify for all federal contractors.

Colorado Governor Signs Bill Allowing Criminal Records to Be Sealed]()
Colorado governor, Bill Ritter Jr. has just signed into law House Bill 08-1082 which revises an existing law allowing individuals to petition to seal the records of criminal charges . . .

President Bush Signs the Genetic Information Nondiscrimination Act of 2008]()
H.R. Bill 493 is legislation that prohibits health insurers and employers from discriminating on the basis of genetic information.

Rhode Island Legislators Approve Bill to Destroy Criminal Records]()
The state of Rhode Island has just announced that the house has just passed a bill which mandates the destruction of all criminal records that resulted in a deferred sentence, a sentence usually reserved for those who plead guilty or no contest.

USCIS Announces New Enhancements for E-Verify Program]()
U.S. Citizenship and Immigration Services (USCIS) announced today improvements to the E-Verify employment authorization program that will reduce an already low mismatch rate, while also streamlining and increasing the effectiveness of the overall program.

State of New York Law Enforces the Protection of Social Security Numbers()
The law prohibits the intentional communication of an individual’s SSN to the general public;

restricts businesses’ ability to print a SSN on mailings . . .

Connecticut Background Check Law Goes Into Effect May 1st (Again) ()
Effective May 1, 2008 all Consumer Reporting Agencies (Background Screeners) must confirm criminal records found on those in the state of Connecticut (on a site provided by the state) before they can be reported to the employer.

Fourth District of Appeals Court Reverses Decision]()
A panel of California judges has overturned the ruling of a subordinate court the said that an employer (AutoZone) was not liable for the actions of an employee when he assaulted and struck a customer while at work.

Oklahoma Supreme Court Reverses Itself on the Removal of Identifiers]()
NewsOK now reports, “The Oklahoma Supreme Court today rescinded its controversial rules that would limit public access to court information on its Web site and in court files, saying it wanted to give the issue further study and consideration.”

Conduct Background Checks in Oklahoma? You Might Want to Lend a Hand]()

Interested in getting involved? A recent ruling by the state of Oklahoma Supreme Court could affect to perform background checks.

Ohio Update: Adopting Rules on Access to Public Records Constitutional, Panel Says]()

Great news for those conducting background checks in the state of Ohio.

Court Ruling Limits Employment Drug Testing]()

A city can’t require all job applicants to be tested for narcotics and must instead show why drug use in a particular job would be dangerous, a federal appeals court ruled Thursday.

State of Oklahoma Limits Access to Court Records]()

Citing Privacy concerns the State of Oklahoma Supreme Court has ruled that court records should not be made available to the general public online.

Employers Cannot Use Nevada Sex Offender Registry Search]()

It has recently come to our attention the Nevada Statute NRS 179B.270 prohibits employers from using the state’s Sex Offender Registry to make a hiring decision about a prospective employee.

Helpful Tool to Identify Fake Academic Credentials]()

Diploma Mills are on the rise and chances are you’ve seen them used on the resumes’ of job candidates you have considered for employment.

Helpful Advice for Banks and Financial Institutions]()

Helpful advice for banks & other financial institutions that conduct employment verifications

Background Checks in the State of Connecticut]()

If your company conducts background checks on applicants in the state of Connecticut, state Substitute Senate Bill No. 1089 Public Act No. 07-243 affects you.

Pre-Adverse Action Letters]()

This update provides some insight into a court ruling that held that an employer can use a blanket or template applicant release and that an employer could refuse to hire anyone that did not agree to provide authorization to conduct a background check.

USCIS Releases New I-9 Form]()

Update on Ohio Senate Bill 197]()

Bill seeks to expunge felony convictions

Hurry Up and Wait: DHS to Revise No-Match Rule]()

The on-again off-again drama with the DHS No Match initiative continues according to this legislative update from Seyfarth Shaw.

Final Rules Issued for Identity Theft Prevention]()

ICE Immigration Enforcement Foiled Again – For Now]()

Ohio Employers Beware]()

Proposed Senate bill would hurt employment background screening efforts

Guidelines for Using Employment Credit Reports in Ohio]()

These guidelines from the Ohio Civil Rights Newsletter are worth the read if you currently utilize or are considering utilizing credit reports for your hiring decisions in the state of Ohio.