Criminal Records Laws May be Strengthened at National Level

As reported by the National Employment Law Project, Sen. Cory Booker (D-NJ) and Rep. Elijah Cummings (D-MD) have introduced legislation to help prevent discrimination against workers with criminal records. The two companion acts—the Fair Chance Act (S.842/H.R.1905) and the REDEEM Act (S.827/H.R.1906)—between them cover a number of issues “fair chance” advocates claim hamper hiring rates…

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Positive Workplace Drug Tests Reach 12-Year High – What Employers Should Do

U.S. employees are failing drug tests at a rate higher than any time since 2004, according to the latest yearly Drug Testing Index from Quest Diagnostics, a diagnostic information services firm. The findings, which were released in late May at the annual Drug and Alcohol Testing Industry Association (DATIA)  conference in Orlando, Florida, were derived…

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Social Media and Candidate Screening: Exercise Caution

Social media is becoming a powerful tool that employers increasingly use as part of their background checks on candidates for employment. Networking websites often contain more information about a job applicant than is typically provided on a resume or job application. However, websites can also disclose information that shouldn’t be part of an employment decision.…

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Why Do Job Candidates Lie, and What Do They Lie About?

Whether to land a plumb position or to find a job in a difficult labor market, it’s a fact that some candidates lie on their resumes. Estimates vary, but consensus is that approximately 25 percent of applicants embellish, exaggerate or outright lie on their resumes. They likely do this because they can get away with…

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Can Employers Deny Employment for Marijuana Users in States Where It’s Legal?

Now that eight states—California, Massachusetts, Maine, Nevada, Washington, Colorado, Oregon and Alaska—have legalized the recreational use of marijuana, can an employer deny employment to a job seeker who tests positive for marijuana or, for that matter, terminate an employee for marijuana use? In states where employment is “at-will,” meaning companies can dismiss workers without a…

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Indiana Passes Law Restricting “Ban the Box” Requirements; Governor Eric Holcomb May Modify Through Executive Action

In late April, Indiana Governor Eric Holcomb signed into law Senate Bill 312, which prohibits political subdivisions (local governments and entities; e.g. cities and counties) from passing any “Ban the Box” laws or ordinances that are more restrictive than applicable federal or state laws, rules or regulations. (Ban the Box laws restrict employers from asking…

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Pending Federal Credit Reporting Bill Might Help Employers

There’s another piece of legislation in the US House of Representatives that could benefit employers who need to use a credit report to ensure that a candidate for employment doesn’t have credit problems. H.R. 4172 would amend the Fair Credit Reporting Act (FCRA) to allow the reporting of positive consumer credit information to Consumer Reporting…

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