Tag: background checks

Wage Payment On April 3, 2019, Virginia Governor Ralph Northam signed legislation (H.B. 2664) requiring each employer to provide on each regular pay date a written statement, by a paystub or online accounting, that shows the employer’s name and address, the number of hours worked during the pay period, and the rate of pay. Currently…

Background Checks On March 25, 2019, West Virginia Governor Jim Justice signed legislation (S.B. 152) requiring applicants seeking employment in which they would be engaged in the prevention, detection, investigation, prosecution, or incarceration of people who violate the law must disclose all such expunged convictions to their prospective employer. In addition, employers that are required…

Question: Are we permitted to run background checks on minors? Answer: Running a pre-employment background check on any job applicant requires consent, which forms a legally binding agreement. Minors, in most cases, are prohibited from entering into a legally binding agreement, which means consent from a parent or legal guardian is required before proceeding with…

On September 12, 2018, the federal Consumer Financial Protection Bureau (CFPB) updated two model disclosures. The following documents now reflect changes made to the Fair Credit Reporting Act (FCRA) by the Economic Growth, Regulatory Relief, and Consumer Protection Act: Summary of Consumer Rights: This is a summary of the consumer’s right to obtain and dispute…

Criminal Background Checks and Home Health Workers On March 19, 2018, Indiana Governor Eric Holcomb signed legislation (S.B. 301) relating to criminal history checks for home health workers. The law provides that an expanded criminal history check may be used instead of certain background checks and criminal history checks for such workers. The law also…

Question:  Where and for how long should an employer maintain background check results? Answer:  Typically, employers have a couple of choices as it relates to the retention of pre-employment background checks. There is no absolute requirement that background checks be retained if the applicant is hired, and some employers will destroy the background checks once…