Colorado Becomes Ninth State to Prohibits Use of Consumer Credit Information in Employment

Colorado recently became the ninth state to prohibit employers from using credit information for employment purposes. In the last few years, eight other states have also passed laws which, subject to few exceptions, regulate ban employers’ ability to use credit information in making employment decisions. The nationwide trend towards banning employers’ use of credit history […]

New FCRA Forms Required by January 1, 2013

According to regulations from the Consumer Financial Protection Board (CFPB), three essential forms mandated by the federal Fair Credit Reporting Act (FCRA) used in the background screening process must be modified by January 1, 2013. The forms must be changed to reflect that consumers can obtain information about their rights under the FCRA from the […]

Employment Background Screening Company to Pay $2.6 Million Penalty for Multiple Violations of the Fair Credit Reporting Act

An employment background screening company that provides consumer reports to companies nationwide will pay $2.6 million to settle Federal Trade Commission charges that it violated the Fair Credit Reporting Act by failing to use reasonable procedures to assure the maximum possible accuracy of information it provided, failing to give consumers copies of their reports, and failing […]

Illinois Social Networking Privacy Bill Heads to Governor

Illinois lawmakers recently sent a bill to prevent employers from requesting access to social networking sites to Governor Pat Quinn, who said he would consider signing it. Pending the Governor’s approval, the bill would make Illinois the second state, following Maryland, to pass a law safeguarding employees’ social networking privacy rights. House Bill (HB) 3782 […]

Massachusetts Issues Final Regulations Governing Criminal Background Checks

The Massachusetts Department of Criminal Justice Information Services (DCJIS) recently issued final regulations to accompany the Massachusetts Criminal Offender Record Information (CORI) law. The law, which was passed in August 2010, significantly changed the way in which employers screen the criminal histories of applicants and employees. The new regulations, which went into effect immediately, clarify […]

New Jersey Bill Seek to Prohibit Employers from Requiring or Obtaining Credit Checks

On May 31, 2012, the Senate approved a bill (S455) that would prohibit employers from seeking credit checks on employees or applicants under most circumstances. The bill now heads to the Assembly for its consideration, where the bill already has several supporters. This bill prohibits an employer from requiring a credit check on a current or […]

Michigan Joins Other States to Ban Requiring Social Media Passwords

House Bill 5523, introduced by Reps. Aric Nesbitt and Paul Opsommer, would bar employers and educational institutions from requiring employees, job applicants, students and prospective students to disclose their passwords, usernames or log-in information to social networking sites. The bill would also bar employers and educational institutions from discharging, disciplining, failing to hire or otherwise […]

Nebraska Passes Job Reference Immunity Law

Nebraska has joined other states in granting civil immunity to employers seeking reference information about applicants they are about to hire. The new law authorizes employers to gather the following information from previous employers, provided they get a written consent from the applicant. (1) Dates and duration of employment; (2) Final pay rate and wage […]

Social Networking Online Protection Act (SNOPA) Introduced

Congressman Eliot Engel and Rep. Jan Schakowsky introduced a legislation to protect users of social networking sites from having to divulge personal information to employers, schools and universities. The legislation protects people already employed or enrolled, and those seeking employment or admittance, or those facing disciplinary action. The bill called Social Networking Online Protection Act […]