NH Courts to Close As Furloughs Hit Judicial System

March 16, 2010

courthouse

In order to meet a budget shortfall of 3.1 million dollars, the New Hampshire Judicial Branch announced that all New Hampshire courts and judicial branch administrative offices will be closed on the following days:

  • Friday April 2, 2010
  • Friday April 30, 2010
  • Friday May 28, 2010

Read more about the court furloughs (pdf).

Photo credit: Zoom Zoom

New Mexico Job Seekers Don’t Have to Disclose Criminal Records

March 9, 2010

Here is an interesting trend that we will be watching.

The New York Times reports:

New Mexico became the second state to ”ban the box” with Gov. Bill Richardson’s signature on a law prohibiting employment applications for government agencies from asking job seekers if they’d been convicted of a crime.

The measure was signed Monday and covers job applications for state, county or local government but not private business.

The legislation doesn’t prohibit employers from asking the question once they’re face-to-face with applicants and doesn’t stop them from doing background checks.

It passed the New Mexico Senate 35-4 and the House 54-14.

The National Conference of State Legislatures and the National Employment Law Project say Minnesota passed similar legislation in 2009, becoming the first state to outlaw the conviction question.

Source

Legislative Alert - Maryland HB175 Seeks to Limit Use of Credit Reports by Employers

February 3, 2010

We just received this alert from The National Association of Professional Background Screeners (NAPBS).

Maryland HB175 Seeks to Limit Use of Credit Reports by Employers

Maryland House Bill 175 would prohibit an employer from using an applicant’s or employee’s credit report or credit history in determining whether to deny employment to the applicant, discharge the employee or determine compensation or terms, conditions, or privileges employment; authorizing an employer to request or consider an applicant’s credit report or credit history under specified circumstances; authorizing an applicant or employee to bring an action for injunctive relief, damages, or other relief for a violation of a specified provision of law; etc.

We urge you to participate in this action alert to communicate the impact this will have on employers in Maryland and on companies providing background screening services both in Maryland and nationally.

Here is the letter that we’ve sent:

Dereck Davis, Chairman,   House Economic Matters Committee

Re:  MD House Bill 175

I am writing in opposition to House Bill 175 - Credit Reports and Credit Histories of Applicants and Employees.  This bill, if enacted, would effectively prohibit employers from utilizing credit history in hiring prospective employees.

We are a member of the National Association of Professional Background Screeners (NAPBS) which represents over 700 members and their respective companies.  Our company is a national provider of background check and credential verification information for employers. Our clients are representative of the more than 88% of companies in the US who perform background checks on their employees across the country.  Our information products protect employers from liability and ensure that newly hired employees pose no financial risk.

Credit reports are integral to the hiring process because employers must determine the accuracy and completeness of a job application. Credit reports are used for employment checks to show former addresses, former employment, and the financial situation of a prospective employee. By using credit reports in the hiring process, employers avoid wasting resources on recruiting, hiring, and training new employees, only to find out later that the hiring decision was based on incomplete or falsified information. Also, employers use credit reports to safeguard against internal theft that can be a result of employees who can not meet their monthly financial obligations.

The use of credit reports for employment decisions is governed and expressly allowed by the federal Fair Credit Reporting Act (FCRA). Under the FCRA, an employer must give the consumer notice that a credit report may be used in the hiring process and require the consumer’s written consent to access their credit report. The FCRA provides important consumer protections by requiring a notice by the employer if an adverse action is taken; i.e. the applicant is not hired. The notice includes the name, address, and phone number of the consumer reporting agency or credit reporting agency that supplied the report.  Additionally, under existing federal law, potential employees already receive certain protections relating to employer consideration of prior bankruptcy filings.

It is our hope that Maryland employers will be allowed the continued use of credit reports for hiring decisions.  If you have any questions concerning how credit reports are used by employers to make decisions, please feel free to contact me.   Thank you for your time and consideration of our views.

Sincerely,

Chris Miller

President

FYI Screening, Inc.

Q&A On Using Social Networks For Background Screening

January 26, 2010

social_media_icons

I found an excellent Q&A regarding employee background screening on Human Resource Executive Online.

Question:

Can you provide the parameters for HR in the use of information discovered on the Web, such as Facebook, as it applies to job applicants?

Answer:

Social networks and blogging sites can provide an inexpensive and easy way for employers to gather a plethora of information about potential job applicants. However, employers should think twice about using information found on social-networking sites to make employment decisions because the use of such information could lead to the potential risk of employer liability.

This is because these sites contain information about job applicants that employers would not be permitted to ask about during any job interview. Therefore, using, and in some cases, simply accessing these pages for employment purposes can result in violations of various anti-discrimination statutes, privacy laws, state “off-duty” conduct statutes, and federal and state Fair Credit Reporting Acts.

For the complete article click here.

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How to Stay Up-To-Date On E-Verify

January 22, 2010

Get E-Verify updates via Ogletree Deakins,  one of the largest immigration practices in the United States.

Download Ogletree Deakins’ Monthly Immigration eAuthority by clicking on the following:

E-Verify Facts:

  • E-Verify is a voluntary program for employers, with limited exceptions.
  • Companies can access E-Verify online and compare an employee’s Form I-9 information with over 444 million records in the Social Security Administration database, and more than 60 million records in Department of Homeland Security immigration databases.
  • More than 182,000 employers are enrolled in the program, with over 8.7 million queries run through the system in fiscal year 2009.
  • There have been over 3.6 million queries run through the system in fiscal year 2010 (as of January 16, 2010).
  • E-Verify is an essential tool for employers committed to maintaining a legal workforce, and the number of registered employers is growing by over 1,200 per week.

*Reported by Department of Homeland Security

Advantages of using FYI Screening for E-Verify:

  • As a designated E-Verify service provider, FYI Screening can help you join the growing ranks of those employers who use the E-Verify system to confirm the legal status of workers in the United States.
  • Seamless integration into our online background screening system. When you order a background check on an applicant you can easily order an E-Verify check.
  • Quick, accurate results
  • Confirmation number provides streamlined record-keeping in one convenient online location.  This is great for companies with multiple locations.
  • Reduces liability by providing an electronic trail for auditing.

For more information about E-Verify, please contact us at 1-800-809-2419 or click here.

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