Press & Media Articles

PRC Employment Law: Conducting Background Checks on Employees

by Peter Pang - ipopang.com

Conducting a background check on a job applicant is a routine activity all over the world, although far too many employers ignore this critical step in the hiring process. The information sought typically includes academic background, employment history, and criminal record. Conducting background checks in China, however, involves special considerations relating to the sourcing of information and compliance with data privacy laws.

  • Researching an Applicant’s Educational Qualifications

  • Researching an Applicant’s Employment Background

  • Obtaining an Applicant’s Criminal Record

  • Legal Restrictions Affecting Background Checks

Read more: https://www.ipopang.com/blog/labor-and-employment-law/prc-employment-law-conducting-background-checks-on-employees/

New Jersey Adds to Recent Flood of Salary History Ban Laws

by William Simmons - JDSUPRA

Continuing the recent deluge of salary history ban laws,1 on July 25, 2019, New Jersey Lieutenant Governor Sheila Oliver signed Bill A1094 into law.2 Like other recent laws limiting salary history inquiries, New Jersey’s law prohibits employers from screening job applicants based on the applicant’s prior salary history, which includes prior wages, salary or benefits.  In addition, employers may not require that an applicant’s salary history satisfy any minimum or maximum threshold to be considered for a job.  The new law takes effect on January 1, 2020.

The law provides for a private right of action as well as civil penalties from $1,000-$10,000 per violation depending on the circumstances.  The law does not expressly define what conduct will be considered as a single “violation” for purposes of calculating penalties.

https://www.jdsupra.com/legalnews/new-jersey-adds-to-recent-flood-of-81944/

NY Legislature Passes Bills To Extend Coverage Of Plain Language Law And Prohibit Use Of Social Network Information For Evaluating Creditworthiness

Two bills relevant to consumer finance have been passed by the New York Assembly and Senate and are awaiting Governor Cuomo’s signature.

House Committee Passes Bill to Ban Employment Credit Checks

The House Committee on Financial Services on July 11 passed legislation that would prohibit employers from using credit reports for employment decisions, except when required by law or for a national security clearance.

Colorado Enacts 'Ban the Box' Legislation to Take Effect in September 2019

In an effort to prevent persons with criminal records from being automatically ruled out for job vacancies, Colorado Governor Jared Polis has signed “ban the box” legislation. The new law will go into effect in September 2019 for employers with at least 11 employees, and employers with fewer than 11 employees have until September 2021 to comply. This makes Colorado the 13th state to enact “ban the box” legislation for private employers.

The National Criminal Database Search – What Does It Really Get You?

The National Association of Professional Background Screeners offers an accreditation program for Consumer Reporting Agencies (CRAs) located in the United States. Governed by a strict and thorough set of professional standards of specified requirements and measurements, the Background Screening Agency Accreditation Program (BSAAP) has become a widely recognized seal of approval bringing national recognition to an employment background screening-affiliated organization for its commitment to achieving excellence through high professional standards with accountability that results in continued institutional improvement.

New Mexico Joins the Nationwide Movement to "Ban the Box"

On April 3, 2019, New Mexico expanded the state’s “Ban the Box” law to include private employers. “Ban the Box” is a nationwide effort to eliminate the checkbox on employment applications inquiring into applicants’ criminal history. Over the last few years, thirty-four states have joined the movement to “Ban the Box.”

Texas's Challenge to EEOC Guidance on Background Checks Continues

A federal appellate court recently heard oral arguments in a case challenging the Equal Employment Opportunity Commission's (EEOC's) guidelines limiting the use of criminal background checks in employment decisions.

NY Passes Fingerprint Bill Requiring Background Checks on School Employees

The New York State Senate passed Senate Bill S3335, or the Fingerprint Bill, which requires all religious and private schools in New York to run fingerprints and a background check on potential employees.