Hire Image LLC

Hire Image  reports that, effective July 28, 2019, Washington employers with 15 or more employees are prohibited from asking applicants or their current or former employers about their prior wages or salaries.  Employers are also prohibited from requiring an applicant’s prior wage or salary history meet certain criteria.  Employers can confirm an applicant’s prior salary if the applicant voluntarily discloses the information or after the employer has made an offer of employment, with compensation. Additionally, if the applicant requests, the new law requires an employer to provide the wage scale or salary range for the position for which the applicant is applying, after an offer has been made at  Hire Image . This requirement includes internal transfers and promotions. If no wage scale or salary exists for the position, the employer must provide the salary expectation prior to posting. For more information about the growing trend of salary history bans,...

Effective January 1, 2021:  Colorado employers are prohibited from (1) seeking the wage history of a prospective employee; (2)  Hire Image  relying on the wage history of a prospective employee to determine a wage rate; or (3) discriminating or retaliating against a prospective employee for failing to disclose wage history. The “Equal Pay for Equal Work Act”  Hire Image  also protects against wage discrimination based on sex and includes a pay transparency clause. The state went further, taking their new law to another level, including two requirements that no other state has yet included in similar laws.  First, employers must make reasonable efforts to announce, post, or make known all opportunities for promotion to all current employees on the same calendar day . Additionally, employers must disclose the hourly or salary compensation (or range) and a general description of all benefits and other compensation offered in each posting. Finally, the...

Hire Image  reports that, effective October 31, 2019, Kansas City employers with six or more employees are prohibited from: Asking about the salary history of an applicant for employment; Screening applicants based on their current or prior wages, benefits, other compensation, or salary histories; Relying on the salary history of an applicant in deciding whether to offer employment or in determining the salary, benefits, or other compensation for such applicant during the hiring process; or Refuse to hire or retaliate against an applicant for not disclosing his or her salary history. An employer may; however, engage in discussion with an applicant about salary, benefits, and other compensation expectations.  The above prohibitions do not apply to applicants for internal transfer or promotion at  Hire Image ; a voluntary disclosure by the applicant regarding his or her salary history; any attempt by the employer to verify the applicant’s non-salary information...

Hire Image  background screening specialists report that, effective September 1, 2019, Colorado employers with 11 or more employees (effective September 1, 2021, for all employers) are prohibited from: Advertising that a person with a criminal history may not apply for a position; Placing a statement in an employment application that a person with a criminal history may not apply for a position; or Inquiring about an applicant’s criminal history on an initial application. Employers may obtain an applicant’s publicly available criminal background report at any time at  Hire Image . Under the law, employers are exempt when the law prohibits a person who has a particular criminal history from being employed in a particular job; the employer is participating in a program to encourage employment of people with criminal histories; or the employer is required by law to conduct a criminal history record check for the particular position. For more information about ...

In June, we reported that recreational marijuana will be legal in Illinois at  Hire Image , effective January 1, 2020. Under the law, called the Legalization Act, employers may still require a drug free workplace and may still prohibit employees from being under the influence of marijuana in the workplace or while on call.  The law also specifically mentioned the right of employers to discipline or terminate an employee who violates the workplace drug policy. While the law was clear in some instances, it also created some ambiguity in terms of causes of action, potentially increasing exposure for Illinois employers who test for marijuana and act on a positive test result.  As such, the Governor recently signed amendments to the Legalization Act into law.  Those amendments provide, in part: “Nothing in this Act shall be construed to create or imply a cause of action for any person against an employer for:                ...

Hire Image  reports that Maryland Governor Lawrence J. Hogan Jr. explained his reasons for vetoing the Maryland Ban the Box legislation (Senate Bill 839 and House Bill 994) in a letter to the President of the Senate and Speaker of the House.  In that letter, he notes that hiring the right team is “one of the most critical activities a business does” and that requiring a business to wait to ask an applicant about his or her criminal history until the first in-person interview would result in “costly and time-consuming human resource work that ultimately goes nowhere.” The Governor also mentions hiring delays, wasted time and resources, additional costs without adequate returns, and safety concerns as his numerous reasons for the veto.  In particular, with regard to safety,  Hire Image  notes the exemption for children and vulnerable adults, which begs the question – what about everyone else?  The legislation also contained what he called “dangerous pr...

Hire Image   background screening specialists report that effective January 1, 2020, employers in Nevada are prohibited from refusing to hire a prospective employee because he or she submitted to a screening test and the results indicate marijuana.  Nevada is the first state to pass such a law. Exceptions include if the person is applying for certain positions, including: a firefighter, an emergency medical technician, positions that require an employee to operate a motor vehicle and for which federal or state law requires screening tests, or positions that, in the determination of the employer, could adversely affect the safety of others. The law goes further in explaining that “screening test” means any test based on a person’s blood, urine, hair, or saliva to detect a controlled substance. According to  Hire Image , Nevada employers should review their drug screening practices to ensure they are in compliance with this new law when it goes into effect....

As part of recently established guidelines by the Substance Abuse and Mental Health Services Administration (SAMHSA), oral fluid specimens will now be included in the mandatory requirements for Federal Workplace Drug Testing Programs. Join   Hire Image  CEO Christine Cunneen and OraSure Technologies Director of Sales, Brian Feeley, and Director of Marketing, Jackie Pirone, for our FREE Webinar to take an in depth look at oral fluid drug testing, learn about the new SAMHSA guidelines, and get answers to other important questions: • What is oral fluid testing and how does it work? • How do drug screening methods differ? How are they the same? • Do any methods detect impairment? • Can you conduct hybrid testing? • What are the new SAMHSA guidelines and how do they affect your industry and testing policies? • Can oral fluid be used in all 50 states? Originally Posted:-  https://www.hireimage.org/oral-fluid-drug-testing-new-samhsa-guidelines/

Effective September 1, 2019:  Alabama employers are prohibited from refusing to interview, hire, promote, or employ any applicant, or retaliate against any applicant, because that applicant does not provide a wage history.  Hire Image  background screening specialists report that it’s important to note that, unlike other states, Alabama’s new law does not bar employers from inquiring about salary history, but rather, prohibits retaliation against applicants who refuse to provide such information. This restriction is part of an equity pay law that prohibits employers from paying less for the same work on the basis of gender or race.  Differences in pay for the same work are permitted; however, when based on: (1) seniority, (2) a merit system, (3) a system that measures earnings by the quantity or quality of production, or (4) a differential that is “based on any factor other than sex or race.” For more information about the growing trend of salary h...

Ban the Box has been in effect since 2014 in Washington, D.C., but you wouldn’t know it by the actions of some D.C. businesses.  More than 1,100 administrative charges have been filed against employers who continue to ask about criminal histories on job applications, despite the ban. Those charges have resulted in approximately $500,000 in fines, according to a report by the D.C. Office of Human Rights and  Hire Image  information.The report also notes that the city has received more than 1,800 complaints since the D.C. Council passed the Fair Criminal Record Screening Act, which prevented employers from inquiring about an applicant’s criminal history before an offer is made. With regard to the violations, a vast majority of them (more than 90%) were related to criminal background questions that appeared on job applications, while less than 5% were related to questions an employer asked in an interview. Penalties for violations of D.C.’s  Ban the Box law ,...

In  John Doe v. State of Alaska, Dep’t of Safety , the Alaska Supreme Court recently held that portions of the Alaska Sex Offender Registry Act (ASORA) are unconstitutional.  In a close 3-2 decision, the court ruled that the registry provides no means for offenders to demonstrate that they are no longer a threat to public safety, and as such, violates their due process rights.  It would follow then that offenders must be given an opportunity to prove they are rehabilitated at  Hire Image . John Doe moved to Alaska in 2003, after being previously convicted of sexual battery in Virginia in 2000.  He had been sentenced to five years in prison (time suspended) and five years of probation.  He also had to register as a sex offender under Virginia law. Upon moving to Alaska, he registered as a sex offender immediately and again registered the following two years.  However, when the state told him he had to register quarterly for life, he refused....

As  Hire Image  reported last week, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) will host a free public workshop to discuss the different issues that can affect the accuracy of credit reports, employment background screening reports, and tenant background screening reports. The workshop will begin at 9 am EST at the Constitution Center, 400 7 th  St., SW, Washington, D.C.  It will also be webcast live on the FTC website and live tweeted from the FTC Twitter Page using the hashtag #accuracyworkshop. Originally Posted:- https://www.hireimage.org/cfpb-and-ftc-host-workshop-accuracy-consumer-reporting/

Compliance and its importance for employers and landlords is discussed in the news extensively, but a recent proposed judgment against a Consumer Reporting Agency (CRA) demonstrates that compliance, or lack thereof, can affect even those who should be well-versed (and practiced) in the various requirements at  Hire Image . The Consumer Financial Protection Bureau (Bureau) alleged that the CRA violated the Fair Credit Reporting Act (FCRA) by: (1) failing to employ reasonable procedures to ensure the maximum possible accuracy of the information about consumers it included in the consumer reports it prepared; (2) failing to maintain strict procedures to ensure that public record information about consumers that it included in consumer reports it prepared was complete and up to date or notify consumers, at the time that such information was reported, of the fact that public record information was being reported; and (3) reporting criminal history information and other advers...

On December 10, 2019, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) will host a public workshop at  Hire Image . Through the workshop, industry representatives, consumer advocates, and regulators will discuss the accuracy of traditional credit reports and employment and tenant background screening reports.  Interested individuals may submit comments through January 10, 2020 . Potential topics for discussion include: What are the lessons from the CFPB’s supervisory reviews of CRAs and furnishers on accuracy and dispute obligations? What are the lessons from CFPB and FTC enforcement cases on furnisher and CRA accuracy obligations? How do furnishing practices differ based on the types of furnishers and information they furnish to CRAs and how does that impact accuracy? What has been the effect of the removal of most civil judgments and tax liens from credit reports and recent changes in the reporting of medical debt? How do ba...

Hire Image  will host a free webinar:  Clarity on Oral Fluid Drug Testing and the New SAMHSA Guidelines As part of recently established guidelines by the Substance Abuse and Mental Health Services Administration (SAMHSA), oral fluid specimens will now be included in the mandatory requirements for Federal Workplace Drug Testing Programs. Join  Hire Image  CEO Christine Cunneen and OraSure Technologies Director of Sales, Brian Feeley, and Director of Marketing, Jackie Pirone, for our FREE Webinar to take an in depth look at oral fluid drug testing, learn about the new SAMHSA guidelines, and get answers to other important questions: What is oral fluid testing and how does it work? How do drug screening methods differ? How are they the same? Do any methods detect impairment? Can you conduct hybrid testing? What are the new SAMHSA guidelines and how do they affect your industry and testing policies? Can oral fluid be used in all 50 states? Originall...

Effective January 1, 2020:  Residents of Illinois who are at least 21 years of age may use, grow, and possess marijuana for recreational use.  The law specifically addresses marijuana in the workplace in that it does not prohibit an employer from: Adopting a reasonable zero tolerance or drug free workplace policy or employment policies concerning drug testing, smoking, consumption, storage, or use in the workplace or while on call, provided that the policy is applied in a nondiscriminatory manner; Requiring an employee not to be under the influence of or use cannabis in the employer’s workplace or while performing the employee’s job duties or while on call; and Disciplining an employee or terminating employment of an employee for violating an employer’s employment policies or workplace drug policy. An employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that an employee manifests specific, ...

Last year, Pennsylvania became the first state in the country to pass a Clean Slate Law, automatically sealing certain criminal records via technology at  Hire Image . On Friday, June 28 th , the law went into effect and the process of sealing records officially began.  Courts have until June 27, 2020 to seal more than 30 million records automatically, without the filing of any petitions to do so. Not all criminal records will be sealed.  The Clean Slate Law does not allow for the sealing of more serious crimes, such as firearms charges, sex assaults, homicide, child endangerment, and other violent offenses. The records that will be automatically sealed include: charges that were dropped; where individuals were found not guilty; summary offenses and second or third-degree (nonviolent) misdemeanors that resulted in a sentence of less than two years (most retail thefts and 1 st  time DUIs) that occurred more than 10 years ago; and other nonviolent crimes th...