Here’s a short list of important compliance updates highlighting critical information about laws that a few different states have enacted recently. Keep up to date with any compliance changes by using Blueline Services for your background check and drug testing needs.

Background Check Updates

Maine: Bill LD1167 took effect on October 18, 2021. This bill prohibits employers from requesting criminal history records on an initial application or stating on applications that individuals with criminal history cannot apply. Employers may ask about one’s criminal history during an interview or once it is determined that the applicant is qualified for the position.

New York: Bill Int 1314-2018 also took effect on October 18, 2021. This bill extends and clarifies protections for individuals with pending criminal charges. It requires an assessment of the relationship between the charged conduct and the job, which is the same requirement when considering one’s conviction history.

Drug Testing Updates

New Jersey: The employment sections of New Jersey’s personal cannabis use act went into effect on August 21, 2021. This law says that marijuana use should be treated the same as alcohol use. This means that employers cannot discriminate against people based on marijuana use. However, employers can still drug test upon reasonable suspicion of impairment in the workplace.

New York: The Marijuana Regulation and Taxation Act (MRTA) amended New York Labor Law 201-D(4-a) to say that employers cannot discriminate against employees based on legal marijuana use outside of the workplace. Employers cannot test for marijuana use unless it is required by a state or federal law (DOT) or the employee is impaired at work under reasonable suspicion.

Stay up to date on these and other compliance updates with Blueline Services so you are aware of any changes that may affect your business. It’s critical that your business avoid compliance violations, and we at Blueline Services are here to help.

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Proper employment screening is the most effective way for companies to reduce their overall risk and liability. Background checks help ensure a quality hiring decision and save your company time and money. Ban the box policies have tightened the regulations on these screenings.

The background check industry is facing significant challenges. Legislation, known as ban-the-box laws, prohibits employers from asking criminal history questions during the hiring process. These laws are intended to provide applicants with a fair chance at employment by delaying background checks until further along in the hiring process. Ban-the-box policies have been enacted in 36 states and over 150 cities.

HR managers are faced with finding the balance between being liable for negligent hiring and giving applicants with a criminal history a fair chance to be evaluated. Thorough background checks can uncover all the information necessary for employers to make the right decisions in hiring.

Being able to access the full records of a potential employee makes the hiring decision much simpler, with the integrity and safety of the company and its current employees being kept secure. It’s understandable to want to give the ability to individuals with checkered histories the chance to return to the workforce without being labeled. However, in certain roles, it’s also imperative the applicant be forthcoming with any hidden records that may impact the role itself.

Staying within compliance is an ever-growing challenge unto itself in this evolving time, and the team at Blueline is here to make it an easier road to navigate. Let us help you through the entire hiring process, and take you through any testing and reporting that may be required after the hiring work is done.

Blueline’s customizable screening services offer:

• Identity verification
• Criminal record checks
• Driving records checks
• Reference checks
• National database

Let Blueline help you keep external threats from becoming internal threats. We are here to make sure you stay in compliance with all new rules and regulations.

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Louisiana Law Updates- June 2021

Louisiana enacted legislation to prohibit employment discrimination based on criminal history records. Employers now cannot request or consider an arrest record that did not result in a conviction, if the information was found during a background check. Employers are allowed to make assessments about an applicant’s criminal history if it has a direct relationship to the specific job duties. This assessment must consider:

• The nature and gravity of the offense
• The time that has elapsed since the offense
• The nature of the job

 New York Law Updates- July 2021

The Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History was updated by the New York City Commission on Human Rights to consider changes made to the Fair Chance Act. The amendments to New York City’s Fair Chance Act were effective starting July 29, 2021. These amendments add protections for individuals who have unsealed violations and unsealed non-criminal offenses. It also expands protections to cover current employees who face pending criminal charges.

After a conditional offer of employment has been made, employers may conduct criminal background investigations. If reviewing the criminal record makes you reconsider the offer of employment, three steps must be completed before withdrawing the offer.

1. Evaluate the applicant under the Relevant Fair Chance Factors and share the evaluation with the applicant
2. Give the applicant a copy of the background check or any other documents used to determine their criminal record
3. Allow at least 5 business days for the applicant to respond

Staying on top of all these compliance changes can be time-consuming. Stay up to date with any compliance changes by using Blueline Services for all your background check needs.

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At the initial meeting, the applicant showed up in a sweet car and was looking sharp. The manager decided not to run a background check on him. That was a big mistake. This guy paid the first month, moved in, stole the fridge, microwave, and the freaking stove. He then moved on to the carpet and wiring. Before too long neighbors started having issues with their electricity. A knock on his door went unanswered, so the manager let themselves in.

The apartment was destroyed, and when the management company went after him for the damages, he showed up in court looking completely different. He went from looking like a wealthy businessperson to looking like a homeless person, including the accompanying odors. His defense was basically that he had mental issues and had claimed bankruptcy. It turns out he had a history of this behavior, which was listed in detail on his background report.

This video shows another bad tenant horror story: https://youtu.be/Owlx2_L24u8

So, since you can never be completely certain the new renters you just signed with aren’t going to turn your property into a farm, run a thorough background check.

Use Background Checks to Avoid Bad Tenants

Check out this article about bad renters. A thorough tenant screen with Blueline Services helps you avoid these tenants. Background checks should be completed on every potential tenant before allowing them access to the apartment. In certain areas, there are strict laws regarding squatter’s rights, making it almost impossible to evict once the person has moved in. Let our team do the work for you to keep you out of these situations. Sure, there are unforeseen circumstances that happen, but most people aren’t going to trash your property. A background check can end up saving you significant money, while also keeping your property in great condition.

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Why are Adverse Action Letters Important?

The FCRA wants to ensure everybody gets a full understanding of what and why an individual doesn’t qualify for something.  By providing an adverse action letter to an individual, you are showing them tangible evidence for your decision.

When denying an applicant for employment or a volunteer for a position or a tenant for housing, you are required to follow the adverse action process (which has various confusing steps). With Blueline’s platform, compliance is baked into every step of the process (platform access – record processing – data reporting – automated disclosures).

Blueline’s automated templates are EASY to use and totally FCRA COMPLIANT.  Spend your limited time onboarding your new employee/volunteer/tenant instead of babysitting the compliance process and regulatory risk.  Plus, Blueline has you covered on all other local, state, and federal guidelines, regulations, and best practices.

If you’re not using Blueline for your background checks and to automate adverse action letters, click here and see what you’ve been missing.

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This is where the FCRA can get tricky, and, like most employers, you are probably wondering how not to run afoul on FCRA compliance.  Luckily, Blueline has you covered throughout the whole screening process (platform-process-data-reporting-disclosures) and across all states and jurisdictions.  As things in the hiring/employment world have been evolving due to Covid, having access to the right technology and compliance platform is critical; especially when everything is moving to remote hiring. By gaining access to a MUCH broader pool of applicants, you need to navigate your expanded hiring pool’s logistic and regulatory landscape.  With compliance baked into the process outlined above (platform-process-data-reporting-disclosures), Blueline has all of your federal, state, and local issues covered.

Check us out and see what you’ve been missing (and get complimentary access to our comprehensive regulatory Wiki).

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California isn’t the only one limiting salary history requests. New Jersey, Oregon, Colorado, and several more have passed legislation limiting the ability to request previous salary history. Blueline stays on top of the latest regulations and law changes to keep you in compliance, regardless of the state.

Even the federal government is getting in on the salary history train. The Paycheck Fairness Act creates a federal-level ban on salary history. It limits requesting wage history until after the employee has been offered the position and you’ve offered compensation. At this point, the prospect can voluntarily offer you their prior wage history to request higher pay.

It’s EASY to run afoul of the FCRA when running background checks as well, so remember to use the Blueline platform to automatically keep you in compliance through the entire process.

Blueline Services has been staying up to date on these and other changing regulations for years now. Our experience has been keeping you from having to worry about compliance issues, and we will continue to do so. Salary history requests may be going the way of the dinosaurs. That said, we are still going to provide thorough background checks within federal, state, and local guidelines to keep your business running smoothly without any compliance concerns. Check out our complimentary wiki to find more information on Compliance.

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This particular employee had a nasty habit of sleeping at their desk. One may forgive a small nap of five minutes or so, but not three to four hours a day. EVERY DAY…FOR THREE YEARS!!! Of course, things at the DMV tend to take time, so it’s only natural this case took THREE YEARS before anyone thought it may be a problem! While a background check might not show this type of behavior, it would raise the question of how and why an applicant could be fired from the DMV.

Thankfully, Blueline has your back throughout the entire screening process (platform-process-data-reporting-disclosures) and across all states and jurisdictions. Screening Out Bad Candidates will save you money in the long run. So if you find yourself questioning whether a background check is “worth it,” ask yourself if you can afford over $40,000 with nothing to show for it.

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A California-based background screening company has recently learned this the hard way. The firm has found itself on the hook for providing inaccurate background information. The company received background records from a third-party vendor and didn’t take steps to confirm their accuracy. How would something like this affect your business? Could you recover if you are faced with fines running into the millions of dollars?

The need for background and drug screening is higher than ever. Employers need to provide a safe workplace, and screenings help with that.

Choosing a credible background screening provider should involve more than a quick glance at Google. There are companies out there that don’t see anything wrong with cutting corners. When working with compliance issues, there is no corner-cutting. Blueline Services provides thoroughly researched and vetted reports that are relevant, up to date, and most importantly, credible. Our platform will give you accurate, easily navigable reports to ensure you stay within compliance.

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There are specific issues you must address when dealing with background screenings. Here is a brief rundown:

• Approved Purpose: You may use a third-party company to run background checks for approved purposes like prescreening potential employees. When requesting a background check for employment considerations, you must follow the FCRA provisions and guidelines.
• Written Disclosure: Potential candidates must be given written disclosure advising of the background check. You must present this document separately to the candidate, and they have to give their signed consent before the screening can be ordered.
• Completed Results: After the screening comes back the potential employee must be shown the information to have the opportunity to challenge any wrong or missing information.
• Adverse Action: There are 2 steps you must take when the screening reports an adverse result that will be grounds to deny employment. First, you’ll need to provide them with a pre-adverse action notification and a copy of the report, along with a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.” After providing them these documents, you’ll need to wait at least five days, maybe longer depending on your local rules, to allow the candidate to offer a rebuttal on the report. The second step is to provide them with a written adverse employment decision notice.

Following these guidelines can be time-consuming and confusing for a business to handle. That’s why it is so important to find a good background screening company like Blueline Services. We are up-to-date on FCRA Employer Compliance Responsibilities.

The information provided above is for educational purposes only. It is not intended to be legal advice.

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