For all intents and purposes, laws and regulations around compliance are the same for employees and volunteers, so it’s important to remain current on the legislation that impacts you. This page includes content on the latest Compliance news.
On Wednesday May 6th Mayor de Blasio signed Intro No. 261-A, which amended the administrative code of New York City to prohibit most employers with four or more employees, from using credit information in hiring decisions. The amendment prohibits employers from using any information about an individual’s credit history or credit worthiness or information obtained from the individual regarding details about credit accounts, bankruptcies, judgement or liens. The law is stricter than other similar laws in other jurisdictions, restricting the types of positions in which an employer can obtain credit reports.
Do you operate a background screening program that spans both the United States and Canada? How well do you know the risks and realities on both sides of the border? For example, did you know that a major compliance risk in the United States today is based on technical non-compliance with consumer reporting laws, whereas one of the most significant risks in Canada is a complaint under privacy or human rights laws? Can you name the laws that apply to you, and the steps you need to take to mitigate compliance risks?
On August 11th Delaware Governor Jack Markell signed the Joseph R. Beau Biden III Child Protection Act. The new law strengthens background check requirements for employees, contractors and volunteers of child serving entities. The new law requires fingerprint background checks through the State Bureau of Identification and the FBI. It also requires employers to obtain a Child Protection Registry Check.
Credit checks have over the years gone from a standard service in employment screening packages to a position specific screening tool. It was not uncommon for companies to review credit histories for all job applicants being considered for hire. Since the early 2000s, the credit check has increasingly been used only for specific positions. In general, these positions tend to either be executive level or positions of fiduciary responsibility.
On June 29th 2015 Mayor di Blasio signed the NYC Fair Chance Act. This “Ban the Box” act makes it a discriminatory practice for employers or employment agencies to inquire into an individual’s arrest or conviction record or perform a criminal background check until an employer has extended a conditional offer of employment.