Curious about what happened in the world of compliance last year? 2015 was a busy year with major changes impacting hiring processes across the country – from E-Verify, to Ban the Box, to Drug Testing.
Governor Brian Sandoval signed S.B. 409 into law on June 9th, 2015, eliminating the 7-year reporting restriction for criminal convictions. Effective immediately, there is no time limitation on reporting criminal convictions for individuals living and working in the state of Nevada.
S.B. 409 expands the type of information that consumer reporting agencies (CRAs) can report on prospective employees of gaming operators and employers. At the requset of the gaming operator or employer, background check reports for Nevada residents and employees can include bankruptcy information older than 10 years and other negative credit information older than 7 years for positions directly connected to the employer's operations.
On April 16th, 2015, New York City became the second city and 12th jurisdiction to make employers' consideration of credit history an unlawful discriminatory practice (with limited exceptions). According to Bill 261-A, employers cannot request or use a job applicant's or current employees credit history in making an employment decision. California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, Washington, and Chicago have similar legislation in place. You can read more about the laws of these jurisdictions in our Legislative Updates.
With 2015 already in full force, there are many new laws related to background screening and hiring that may affect employers moving into the new year. It can be hard to keep up with so many new laws, but don’t worry, Accurate Background has you covered. We take the time to consistently monitor any legislation that may impact our clients and have created a summary of some of the regulatory changes from the past year that may affect your hiring and background screening process. Below is a recap of these regulatory changes:
The debate surrounding credit report use in employment grows louder as more states implement new legislation on the topic. There are now 10 states, including California and Nevada that have put legislation in place to limit the use of credit information for employment. Fines are also being handed down through the FCRA related to the use of credit reports (Up to $2,500 or more in some states). Two recent bills introduced at the federal level are causing employers to evaluate how credit reports are used in their hiring processes. Below is a high level overview of the proposed legislation:
2012 was Accurate Background’s most successful year to date and we owe it to the continued relationships and new partnerships with our clients. Thank you!
As an organization, we are committed to providing cutting-edge products and excellent customer service that create efficient and streamlined background screening programs for our clients. Compliance is an important part of that process and, to navigate the complicated web of laws and regulations, Accurate Background has compiled an annual legal update as it relates to employment background screening.
The first few months of a new year often means sticking to resolutions to change personal habits and establish ambitious personal goals. Year after year, the most popular resolutions have included lose weight, get a new job and manage money and credit. The start of 2012 brought around new California legislation that affected two of the top resolutions – getting a job and managing credit.California joined six states that have employment credit check restrictions in place – Oregon, Washington, Hawaii, Maryland, Connecticut and Illinois. Other states are evaluating similar pending laws.
Effective January 1, 2012, the state of California tightened regulations on most employers using credit checks in employment decisions. Under this new law, employers are now prohibited from utilizing a credit report in making a hiring decision unless:
- the position is included as one of the acceptable positions listed in the statute
- and the applicant is provided written notification that the report may be obtained
- and the employer obtains the applicant’s consent prior to requesting the credit report
- and the applicant is provided the option to obtain a copy of the report free of charge