Most employers are at least somewhat familiar with the restrictions placed on employment credit checks by California and New York City, but there are additional states and cities with restrictions on employment checks.
When requesting a background check it is important to provide complete and accurate information to your screening company to get the most accurate and timely report possible. Following is a general list of information needed to complete checks:
We are about two weeks into the new year, and if you have not already, this is a great time to do some housekeeping regarding your background forms and processes.
One of the biggest issues for newly minted supervisors and managers is that their buddies now report to them. So how does one go from buddy to supervisor? It’s common for many new supervisors or managers to forget their role and ignore the performance issues. They don’t want to rock the boat and want to keep their personal friendships.
This has been a challenging year to say the least. COVID has drastically changed our lives both at home and work. Human resources professionals have had to pivot on a dime many times over the past nine months. One of those areas is in drug testing.
There has been a lot of press in the last few years about the steps employers must follow before obtaining a background check on an employee or applicant. While there is no doubt that it is very important for employers to obtain completed FCRA compliant Authorization and Disclosure forms, the employer obligations do not stop there.
While most of the world has been wrapped up on all things COVID related, there is still work going on regarding background check laws. From December 2019 until as recently as July 1, 2020, new ban the box laws have been enacted.
Do you know what your employees have been up to during the four months of the stay-at-home order? If you are watching the news, you know that a lot of people have been up to protesting, sharing their views on wearing masks, and sharing political views.
Marijuana is still an illegal substance at the federal level. However, at the state level there are only eight states that have not made marijuana use legal to some degree. The biggest majority of states have legalized marijuana at the medical use level. There are 11 states which have decriminalized the use of marijuana for medical or recreational use. This can affect past criminal records.
You have run a credit check on an applicant or employee, and the report came back with negative information. Because of the information included in the credit report you have decided that you do not want to move ahead with the applicant, or in the case of the employee, keep them on staff. So, can you just rescind the offer to the applicant or let the employee go? The answer is no.
Back in 2017 the Ninth Circuit Court decided in favor of the plaintiff in Syed v. M-I, LLC, No. 14-17186 (9th Cir. 2017). The employer included a waiver of liability in the disclosure form, which violated the Fair Credit Reporting Act (FCRA) requirement that no extraneous information be included in the disclosure. After several appeals, Syed won.
Many employees are tasked with caregiving for family members while working full-time. We often hear about the “sandwich” generation, the people who are taking care of their children and their parents, but there are many caregiving situations that fall outside of that category.
In the midst of the shelter-in-place order many businesses have slowed or shut down altogether. This means that, for the moment, hiring has slowed down too. This makes for the perfect time to review your hiring practices and policies, especially when it comes to background and drug screening. This is particularly important if you have not done so in a long time.
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