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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 verificationsBackground 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.Update on Ohio Senate Bill 197
Bill seeks to expunge felony convictionsHurry 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.
Ohio Employers Beware
Proposed Senate bill would hurt employment background screening effortsGuidelines 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.
