• The notice must now include the background check company’s website address and telephone number where the consumer can obtain information about the background check company’s privacy practices.
• If an employer is requesting a consumer credit report the employer must now specifically identify the statutorily enumerated position(s) for which the consumer is being considered that justifies the report.

References:
* CA Civil Code §1786.16(a)
* CA Labor Code §1024.5

Resources:
* Sample California Notice (2012)
* How to Do a Background Check

Two organizations provide lists of accredited institutions:

• U.S. Department of Education: Database of Accredited Postsecondary Institutions and Programs
• Council for Higher Education Accreditation (CHEA): Database of Institutions and Programs Accredited by Recognized United States Accrediting Organizations

The following states provide lists of unaccredited and/or suspect schools:

• Hawaii: http://hawaii.gov/dcca/ocp/udgi/civil-enforcement-lawsuits
• Maine: http://www.maine.gov/education/highered/Non-Accredited/a-am.htm
• Michigan: http://www.michigan.gov/documents/Non-accreditedSchools_78090_7.pdf
• Oregon: http://www.osac.state.or.us/oda/unaccredited.aspx
• Texas: http://www.thecb.state.tx.us/index.cfm?objectid=6941C34E-DF3E-4B42-288239D3FC3ACD29

Related Resource:
Education Verification

Under the new law, neither the state of California nor any of its cities, counties, or special districts can require an employer (other than a government entity) to use E-Verify as a condition of receiving a government contract, applying for or maintaining a business license, or as a penalty for violating licensing or other similar laws. It’s important to note that California employers are still free to use E-Verify on a voluntary basis or as required by federal contracts – this law merely prohibits California government agencies (in all shapes and sizes) from forcing any employer to use E-Verify for the reasons mentioned above.

Source:

• Governor Brown signs bill prohibiting E-Verify mandates in California by John Fay

Resources:

• Background Check Laws & Regulations: State and Local E-Verify Employer Requirements
• California Employment Background Checks
• For information about our E-Veify Services, see Form I-9 and E-Verify

Positions Where Credit Reports Are Allowed
An employer or prospective employer cannot use a consumer credit report for employment purposes unless the position of the person for whom the report is sought is any of the following:

• A managerial position (as defined).
• A position in the state Department of Justice.
• That of a sworn peace officer or other law enforcement position.
• A position for which the information contained in the report is required by law.
• A position that involves regular access, for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, to all of the following types of information of any one person: a) Bank or credit card account information, b) Social security number, and c) Date of birth.
• A position in which the person is, or would be, any of the following: a) A named signatory on the bank or credit card account of the employer, b) Authorized to transfer money on behalf of the employer, or c) Authorized to enter into financial contracts on behalf of the employer.
• A position that involves access to confidential or proprietary information, including a formula, pattern, compilation, program, device, method, technique, process or trade secret that (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who may obtain economic value from the disclosure or use of the information, and (ii) is the subject of an effort that is reasonable under the circumstances to maintain secrecy of the information.
• A position that involves regular access to cash totaling ten thousand dollars ($10,000) or more of the employer, a customer, or client, during the workday.

Notice and Disclosure Requirements
Prior to requesting a consumer credit report for employment purposes, the user of the report shall provide written notice to the person involved. The notice shall inform the person that a report will be used, and shall identify the specific basis under subdivision (a) of Section 1024.5 of the Labor Code for use of the report. The notice shall also inform the person of the source of the report, and shall contain a box that the person may check off to receive a copy of the credit report. If the consumer indicates that he or she wishes to receive a copy of the report, the user shall request that a copy be provided to the person when the user requests its copy from the credit reporting agency. The report to the user and to the subject person shall be provided contemporaneously and at no charge to the subject person.

Source:

• California AB 22

Resources:

• Employment Credit Reports
• California Employment Background Checks
• California Background Check Law and FCRA Employer Requirements

Alabama:
All employers must enroll in E-Verify by April 1, 2012.

South Carolina:
All private employers must enroll and participate in E-Verify by January 1, 2012. Employers must verify a new hire’s work authorization status within three business days from the date of hire.

Tennessee:
Employers are required to use E-Verify, or to maintain documentation of legal residency or valid U.S. work authorization. The law takes effect for governmental entities on Jan. 1, 2012, for private employers with more than 500 employees on Jan. 1, 2012, for private employers with 200-499 employees on July 1, 2012, and private employers with 6-199 employees on Jan. 1, 2013.

Resource:
For information about our E-Veify Services, see Form I-9 and E-Verify.

According to the results of a survey of 1,058 randomly selected HR professionals:

Pre-employment drug testing is common:

• 57% of participants’ organizations require all job candidates to take a pre-employment drug test
• 29% have no pre-employment drug-testing requirement
• 14% test applicants for safety-sensitive positions and when required by law

Large organizations are more likely to conduct pre-employment drug testing for all job applicants:

• 71% with 2,500 or more employees required pre-employment drug testing
• 62% with 500 to 2,499 employees required pre-employment drug testing
• 56% with 100 to 499 employees required pre-employment drug testing
• < 40% with < 100 employees required pre-employment drug testing

The survey reported important benefits to organizations that conduct pre-employment drug testing:

• “Nine percent of respondents reported that prior to implementing a drug-testing policy, their organizations had a high rate of employee absenteeism (over 15 percent), compared with just 4 percent of respondents that reported a high rate of absenteeism after initiating a drug-testing policy—a decrease of approximately 50 percent.”
• “Approximately one-fifth of the respondents (19 percent) reported that productivity improved after implementing a drug-testing policy. Six percent of the poll participants reported that their organizations had a high incidence rate (over 6 percent) of workers’ compensation claims after implementing an organizational drug-testing program, compared with 14 percent who reported similar incidence rates before initiating such a policy.”

Source: SHRM Poll: Drug Testing Applicants Favored by More than Half of Employers

Resource:
For information about our Drug Screening services, see Employment Drug Screening.

A Matter of Fact’s QuickApp™ provides a paperless online applicant interface that streamlines workflow and reduces employer compliance concerns about collecting personal identifiers and providing mandated notifications.

Just log into A Matter of Fact’s online tracking system, order a background check, and provide the name and email address of the applicant. It’s that easy!

It is FREE. There are no additional fees to use A Matter of Fact’s standard QuickApp™ to place orders.

For information about A Matter of Fact’s New Online Background Check Applicant Interface see Online Background Check Applicant Interface.