Private, Off Duty, and Not Unlawful Conduct Posted without Consent on Internet not Grounds to Terminate Teacher
By Lester Rosen, ESR President The boundaries of using the internet for employment decisions was tested in a Michigan case involving the termination of a teacher that was photographed without her consent at an adult party engaged in a simulated sexual act, where students were not present and the conduct was not unlawful. Although the case is [...]
Categories: Best Practices, Recent Posts, Social networking sites, State laws Tags:
MA Regulations Require Businesses to Have Information Security Program to Protect Personal Information
By Lester Rosen, ESR President The Massachusetts Offices of Consumer Affairs and Business Regulations (OCABR) recently passed regulations that went into effect March 1, 2010 and are aimed at safeguarding the personal information of Massachusetts residents by requiring a business to have a Written Information Security Program (WISP) to protect personal information. The ‘STANDARDS FOR THE PROTECTION [...]
Categories: Consumer protection, information security, personally identifiable information, Privacy, Recent Posts, State laws, WISP Tags:
Investigation Reveals Some Child Care Workers in Florida Not Background Checked
By Thomas Ahern, ESR News Staff Writer A story in the Daytona Beach (FL) News-Journal reveals that an ongoing investigation into Florida’s local child care licensing office found that some local child care facilities have not been implementing criminal background checks on all child care employees. According to the News-Journal, files in over 100 child care centers [...]
Categories: Background Checks, child care provider, Recent Posts, State laws Tags:
Oregon Issues New Rules on Use of Credit History for Employment Decisions
By Lester Rosen, President of ESR, & Thomas Ahearn, ESR News Staff Writer As noted previously on ESR, the state of Oregon recently passed a law preventing most employers from using the credit histories of job applicants or employees for employment-related decisions by prohibiting an employer from using credit history for employment purposes unless that credit [...]
Categories: Background Checks, credit reports, Recent Posts, State laws Tags:
New Case from New York Gives Potential Guidance on Issue of Which State Law Applies for Reporting Criminal Records
By Lester Rosen, President of ESR An ongoing issue for employers and background screening firms is the question of what law applies when a criminal record is found in one state impacts an employment decision in another state. Since state reporting laws can vary widely, employers and screening firms are sometimes left without clear guidance if [...]
Categories: Best Practices, Lester Rosen, Recent Posts, State laws, The Safe Hiring Manual Tags:
Utah and Virginia to Require E-Verify Use
By Thomas Ahearn, ESR News Staff Writer Utah and Virginia have recently passed bills mandating E-Verify participation and requiring certain employers to use the E-Verify Electronic Employment Eligibility Verification to check the work eligibility of new hires in the United States. In Utah, as of July 1, 2010, the Private Employer Verification Act requires all private employers with [...]
Categories: E-verify, employment eligibility, Recent Posts, State laws Tags:
New York Raising Fees for Statewide Criminal History Record Searches Effective July 1
By Thomas Ahearn, ESR News Staff Writer The New York State Office of Court Administration (OCA), which provides a New York Statewide Criminal History Record Search (CHRS), will raise fees for each CHRS to $65.00 from $55.00 effective July 1, 2010, according to information on NYCourts.gov. As explained on NYCourts.gov, the OCA’s CHRS criteria “is strictly based on [...]
Categories: Criminal Records, criminal searches, Recent Posts, State laws Tags:
Letter Claims Minnesota Case Illustrates National Problem with Background Checks for Child Care Providers
by Thomas Ahearn, ESR News Staff Writer A letter to Austin (MN) Daily Herald sheds light on a national problem of lack of background checks for child care providers, so claims the author. In her letter, Linda K. Smith, Executive Director, National Association of Child Care Resource & Referral Agencies, was “deeply troubled” after reading that a [...]
Categories: Background Checks, child care provider, Recent Posts, State laws, Volunteers Tags:
Mandatory Once-A-Month California Court Closures May End in July
By Thomas Ahearn, ESR News Staff Writer After almost a year of mandated closures for all superior courts statewide in California on the third Wednesday of each month, the mandatory once-a-month court closures are slated to end on Wednesday, June 16, 2010 before the start of the new 2010-2011 fiscal year on July 1. For employers performing [...]
Categories: court closures, Recent Posts, State laws Tags:
New Florida Law Strengthens Background Checks for Caregivers Starting August 1
By Thomas Ahearn, ESR News Staff Writer Starting August 1, a new law will require workers who care for children, the elderly, and the disabled in the state of Florida to undergo stricter background checks. According to a report in the Sun Sentinel, House Bill 7069, passed unanimously by the Legislature and signed by Governor Charlie Crist, [...]
Categories: Background Checks, caregivers, Recent Posts, State laws Tags: