Do you have employees who drive for work purposes? Are you aware of everyone who does so for your company? Most importantly, do you have policies and procedures in place for checking motor vehicle records on all employees who drive for work purposes, and is your staff aware of the policies?

If you are using AI information in making employment decisions your activity could fall under the Fair Credit Reporting Act (FCRA) and therefore require compliance with the FCRA.

 

The state of California can be a challenge for employers who want to conduct background checks for employment purposes. The state has restrictions on using credit checks for employment decisions which have very restrictive exceptions.

The legalization of marijuana use, either for medical, recreational, or both, has led to an increase in positive marijuana tests as reported by Quest Diagnostics. In 2019 the percentage of positive tests was 3.1%. In 2023 the number rose to 4.5%. However, the number of positive tests is not the only thing that has gone up. The number of workers cheating on their drug tests has also risen.

Summer is almost here, and orange barrel mating season is well underway. The nice weather also brings more motorcycles, cars pulling boats, and large recreational vehicles on the roads. In other words, there are a lot more hazards on the roads.

The U.S. Department of Justice has issued a notice of proposed rulemaking that would reclassify marijuana from a Schedule I narcotic down to a Schedule III drug. Schedule I controlled substances are in the “mean street neighborhood” including heroin, LSD, and other drugs with “no currently acceptable medical use or treatment.” Schedule III drugs, on the other hand, where it is proposed marijuana be moved to is in a “friendlier neighborhood” of classified...

Spring has sprung and hopefully all the April showers will bring May flowers. This is a good time for companies to “spring clean” their documents, processes, and procedures, particularly those that are part of background checks.

In this day and age it is hard to believe, but there are still so many employers who either don’t run employment background checks on applicants/employees, or they use free online systems without considering the pitfalls of relying on these free sites.

California is once again making changes to how employers can use information obtained in criminal background checks. Last month, changes that had been proposed by the California Civil Rights Council were approved by the California Civil Rights Council and the Office of Administrative Law.

Change is a constant, and that is certainly true in background screening laws. Some changes seem like common sense and are easy to apply, such as having a clear and concise disclosure form. Making sure that anyone giving permission for an employment background check understands what they are agreeing to is basic fairness, and unless an employer has some nefarious intent in mind for a background check, this should be an easy compliance item.

Anyone running an employment background check through a third party, such as a background screening company such as ASE and/or automated verification systems is considered a user of consumer reports and therefore must follow the requirements of the FCRA.

Ban-the-box might seem like old news, but these laws are constantly being added and/or updated. It is important for employers to keep up with the laws in all areas in which their employees work. The city of Chicago recently expanded its requirements on how employers may use criminal records in hiring decisions. 

Ban-the-box seems like old news by now as so many states, cities, and counties have enacted some sort of ban-the-box legislation. Most ban-the-box laws address asking about criminal history on job applications. However, some locations are taking it further with Fair Chance Hiring legislation. The Fair Chance Hiring laws address not only when, but how an employer can use criminal history in employment decisions and what obligations they have in making those decisions.

California is once again looking at making changes to how employers can use information from background checks in employment decisions. The California Civil Rights Department’s Civil Right Council released their most recent draft of changes to their Fair Employment and Housing Ace (FEHA) this past December. This update addresses proposed changes to the use of criminal history for employment decisions.

More and more employers are considering applicants from other countries to fill vacant positions. While international checks take a longer time to complete, employers can help themselves get through the process more efficiently by providing required information up front.