Written By: Blank Rome LLP The Fair Credit Reporting Act (“FCRA”) provides federally-imposed limitations on all employers who seek information from a Consumer Reporting Agency about an applicant or employee for use in making an employment decision, such as a hiring or promotion. The FCRA contains specific notice, authorization, and reporting requirements related to obtaining […]
FCRA Developments: Updated Summary of Rights & “Stand-Alone” Disclosure Need Not Be Separate In Time
Written By: Jill L. Rosenberg, Joe Liburt and Jessica R. L. James Employers across the country should dust off their background check policies and forms and be mindful of recent developments related to the federal Fair Credit Reporting Act (FCRA). FCRA mandates specific, technical steps for employers using consumer reports to make employment decisions, including hiring, […]
Importance of Employee Background Screening for Small Business
A background check is one of the most crucial pre-employment screening steps that are necessary for small businesses and companies before making a decision to hire. As a small business owner, running a background check on any potential employee should be taken seriously. This is because it helps protect your establishment from numerous potential risks which could cost you a fortune and productivity in the days ahead.
While resumes might look decorated and appealing, small business owners shouldn’t just assume that their potential employees are telling the truth. If you want to get the right person for the job, going that extra mile is necessary as it could help unearth any information likely to be concealed during resume writing.
South Carolina’s New Expungement Law Could Increase Applicant Pool
In an effort to increase the state’s potential workforce, the South Carolina General Assembly passed legislation last week that will expand the state’s current expungement law and allow individuals to more easily remove criminal convictions from their records. The hope is that prospective employees with low-level crimes on their records will no longer be discouraged from applying for jobs; this, then, should make it easier for employers to recruit qualified workers. What do South Carolina employers need to know about this new law? While South Carolina does not have a ban-the-box law, the state legislature has instead taken it one step further: the new law will make it easier for persons to erase certain convictions from their records. Current law permits persons to expunge a first-offense, low-level crime carrying a sentence of 30 days or less from their record following a period of good behavior. The new law removes the “first-offense” requirement and also allows persons to erase multiple convictions arising out of the same sentencing hearing if they are “closely connected.” Significantly, the law also allows offenders to expunge first-offense simple drug possession and possession of drugs with intent to distribute crimes. The law applies retroactively to those offenses committed prior to the law’s passage.
Certificate Of Relief: Reducing Employer Exposure For Hiring Employees With Certain Criminal Convictions
Recently, the North Carolina General Assembly enacted “An Act to Amend the Law Regarding a Certificate of Relief For Criminal Convictions” (the “Act”). The Act will become effective on December 1, 2018, and applies to petitions for relief filed on or after that date. Legislators contemplated the Act would assist individuals convicted of certain crimes during their reintegration into society—particularly with regard to employment options. Essentially, when an individual obtains a certificate of relief, which is a court order, many collateral consequences associated with criminal convictions will be eliminated. In addition, the Act provides a defense for employers who may be concerned about negligent hiring/retention claims. In a lawsuit or administrative proceeding alleging negligence (such as negligent hiring or retention claims), a certificate of relief will bar any action alleging lack of due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise doing business with or engaging in activity with an individual whom a certificate of relief was issued. The key to this defense, however, is that the employer must show that it relied on the certificate of relief at the time of the alleged negligent act. If the employer did not know about the certificate of relief at the time of the alleged negligent act, this defense will not be helpful.
