On November 6, Arizona governor Douglas Ducey signed an executive order adopting a “ban the box” law for state agencies.
Dubbed “The Second Chance” order, Arizona’s policy delays questions related to an employment applicant’s criminal record until after the initial stages of interviewing. Arizona state job applications will no longer include questions regarding an applicant’s criminal record during the application process, but agencies will be permitted to ask after the applicant has submitted a job application and provided an initial interview.
In a statement, Ducey notes that “All Arizonans, no matter their background or past mistakes, deserve a chance to make a living and a better life for themselves and their families. If you served your time and paid your debt to society, you should have the opportunity for a real second chance.”
In some states, the adoption of a ban the box law for state agencies is often a precursor for legislation that applies to private employers as well. Nine states have eliminated the question for private employers, while 29 states have legislation in place for public employers and/or state agencies, according to the NELP.
Continuing a national trend, California recently became the latest state to enact ban the box and salary history restriction legislation into law. As an employer in California, what’s this mean for you? As your trusted partner, we want to assure you’re taking the necessary steps to stay compliant.
Join Kevin Neudecker, Corporate Screening’s Quality and Compliance Manager for our upcoming webinar, “California Legislative Update” to learn more about:
- California’s ban the box legislation
- Salary history restrictions and pay equity practices
- Preventative measures employers should take
- How Corporate Screening can help
For your convenience, there are two open sessions of this webinar: Wednesday, November 15 at 10 a.m. PST or Wednesday, November 29 at 10 a.m. PST. Register now for the webinar.
Our team is always available to assist with any questions or concerns about compliance. Please contact Customer Support at 800-229-8606 option 4.
With the signing of AB 168, California is the latest state to enact a ban on salary history inquiries. This new law will take effect on January 1, 2018 and applies to all employers, including state and local governments.
This is the latest effort to address pay inequity, particularly among people of different genders, races and ethnicities. The intention of these laws is to narrow the pay gap between men and women by emphasizing the value of a role instead of the value of an individual as based on prior earnings. Proponents of the law insist salary should be determined by market factors alone.
Under AB 168, an employer cannot seek salary history information, including compensation and benefits, about an applicant for employment. Additionally, it will be illegal to use an applicant’s salary history information to determine whether to offer employment or to determine salary.
The new law also requires employers to provide the pay scale for a position to an applicant applying for employment upon request.
There are certain exceptions to this law. Employers are permitted to review and consider publicly available salary history information in accordance to federal or state law. If an applicant “voluntarily and without prompting” discloses his or her salary history, it opens an opportunity for discussion and the employer can consider that information in determining the applicant’s salary.
To prepare for compliance, California employers should reevaluate recruitment processes and documents. Corporate Screening will take a proactive approach and will remove salary inquiries from California employment verifications. As your trusted partner, our team is available to assist with any questions or concerns about compliance. Please contact Customer Support at 800-229-8606 option 4. We also encourage you to attend one of our upcoming informational webinars – “California Legislative Update,” on Wednesday, November 15 or Wednesday, November 29 at 10 a.m. PST. Register now for the webinar.
California is just another in a growing list of jurisdictions across the country to prohibit salary history inquiries. Read our summary of Salary History Restrictions.
On October 14, California Governor Jerry Brown officially signed AB 1008 into law. The law, which goes into effect on January 1, 2018, will prohibit most public and private employers with five or more employees from inquiring about an applicant’s criminal conviction histories until after it has made a conditional offer of employment to the candidate.
California’s statewide law is based on the Los Angeles “ban the box” ordinance. It essentially repeals existing Labor Code, Section 432.9 (which only applies to public employers) and would instead enact a new provision to the Fair Employment and Housing Act (FEHA) that affects both public and private employers. Like the Los Angeles ordinance, AB 1008 bans criminal conviction history inquiries until after a candidate has received a conditional offer of employment. If, after reviewing a candidate’s conviction history, an employer wants to deny an applicant the position, the employer will need to conduct an individual assessment and give the candidate an opportunity to respond before making a final decision.
Corporate Screening Announces Partnership with Platinum Educational Group through VerifyStudents Platform
Corporate Screening Services, Inc. (CS), a leading provider of pre-employment and student background screening services, is pleased to announce its partnership with Platinum Educational Group (PEG), a leader in assessment, clinical tracking, scheduling, and reporting for nursing, allied health, and EMS institutions.
VerifyStudents by Corporate Screening is a fully integrated web-based solution that provides reliable and secure student background checks, immunization tracking, and paperless self-scheduled drug screening. It can be integrated directly into PEG’s software to give customers a single source of access via EMSTesting.com for EMT and Paramedic programs, PlatinumPlanner.com for Allied Health training establishments, and PlatinumTests.com for Nursing schools. Adding these features to Platinum Educational Group’s solutions makes it even easier for everyone involved to determine a student’s progress in meeting clinical requirements.
California is currently experiencing devastating wildfires that are rapidly spreading across the region. At present, Sonoma, Solano, and Napa are the most heavily impacted counties. Please expect delays for any public records searches or verifications in these counties as fire advisories and evacuations are occurring.
Sonoma County: Courts will remain closed through the rest of the week (through 10/20/17) due to the fire conditions in the area.
Solano County: Records office is reopened and case information is being reported again.
Humboldt County: Court is presently open but experiencing slight computer and phone issues.
Napa County: Court remains open.
Corporate Screening and its partners are monitoring the situation in California as it progresses and will continue to update you as more details are available.
If you have any questions, please contact Customer Support at 800-229-8606, option 4.
Wednesday, October 11, 2 p.m. EDT
For employers, Form I-9 processes can be complex, tedious and time-consuming. With more government enforcement and increasing pressures to assure all employees are authorized to work in the United States, it is more important than ever for your I-9 and E-Verify processes to pass the test. If you fail to properly complete, retain, or make I-9 Forms available for inspection, you can face thousands of dollars in fines.
Join us for our upcoming webinar, Advantages of an Electronic I-9 / E-Verify Database to learn more about:
- Form I-9 and E-Verify Requirements
- Importance of Standard Operating Procedures (SOPs)
- Detriment of Unauthorized Workers Remaining on Payroll
- E-Verify Common Mistakes/Misconceptions
- Monitoring an Electronic Database
- Becoming “Audit Ready” – ICE/HSI/DOJ
In anticipation for Hurricane Irma, Florida Governor Rick Scott has directed all state offices in all 67 Florida counties to close from Friday, September 8 through Monday, September 11. As a result, the closures may affect background report turnaround times.
Drug Screening: The drug screen medical review office will be closing at 3 p.m. EDT on Friday, September 8. Depending on the path of the hurricane, it is unknown when the office will reopen.
Courts: As of Friday, September 8, many courts across the entire state are also either closed or closing early.
Education/Employment Verifications: All Florida state education institutions are closed through at least September 11. Employers in the direct path of the storm may also close as well, causing delays in retrieving verifications from the affected area.
Beyond Florida: Depending on the path of the storm, parts of Georgia and South Carolina may also be affected by the storm, which may cause delays.
We will continue to provide you with additional updates on this page as necessary.
Florida Division of Emergency Management
Matt Jaye, Vice President of Sales at Corporate Screening, has joined the National Association of Professional Background Screeners (NAPBS) Advocacy Committee. The committee elevates the background screening profession and its stakeholders through relationship-building.
The committee has four main objectives: cultivation, continuous improvement, engagement and collaboration. It focuses on relationships with consumer advocate groups, strategic partners, candidates and employers.
Jaye is pleased to join the committee.
“It’s important for our industry to serve as a positive change-agent for all stakeholders,” he notes. “Background screening legislation affects not only our industry, but our customers too. We want to serve the best interests of our clients and intend to do so as a part of the committee.”
“Matt’s service with the committee represents our core values,” says Greg Dubecky, CS President. “Every day, we aim to raise the ethical standards of our industry and share our expertise with our customers.”
Jaye has been with Corporate Screening for 19 years. In his current role, he leads the business development team. His areas of expertise include pre-employment and student background screening. Corporate Screening is a founding member of NAPBS. Learn more about NAPBS.
On August 5, 2017, the Final Rules and Regulations for the New York City Fair Chance Act (FCA) went into effect. Since October 2015, the FCA makes it illegal for an applicant’s criminal background to be requested or considered prior to a conditional offer of employment—in job postings, employment applications or any type of inquiry during the interview process itself.
As the FCA continues to evolve, the New York City Commission on Human Rights amended rules to establish definitions/procedures and amend provisions regarding unlawful discrimination based on job applicant criminal history. Here are some highlights: