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Why We Do What We Do

Two recent stories in the news serve as a stark reminder of why we do what we do every day–to protect people.

In one of those stories, a convicted sex offender, Leroy Vance, was attempting to break into a woman’s Fairfield, California home through the doggie door.  Thankfully, she was able to immediately call the police and when they arrived shortly thereafter, Vance fled on foot. When the police apprehended him, they discovered that not only was he trying to break into the woman’s home, he was also wanted for violating his parole on a drugs sales offense. Click here for more information at Hire Image website.

In another story, a man who had been imprisoned for murder for nearly 30 years was released from prison.  Within two years of his release, he was arrested for killing someone once again.  Timothy Chavira had been convicted of the stabbing murder of his stepmother in 1986, when he was just 23 years old.  Now, at 56, he has been arrested for the stabbing death of a retired doctor in the area.  Click here for more information.

These cases exemplify why it is so important to learn about a person’s criminal background and, unfortunately, in some instances, criminal propensities.  Click here  at Hire Image for more information about recidivism rates and studies and what they mean for all of us.

Please contact us at Hire Image if you have any questions about criminal background checks and how they can help protect you, your employees, your customers, and your property.

Originally Posted:-https://www.hireimage.org/why-we-do-what-we-do/

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New York’s 2019-2020 Budget Significantly Increases Fee for Background Checks

The New York Legislature’s 2019-2020 State Budget includes a drastic increase to the Office of Court Administration (OCA) searches – from $65 to $95 per search.  While the stated purpose of the increase is to fund the state’s indigent defense programs, it begs the question – is the state merely looking for more money or is there some underlying purpose to try to get employers to stop doing background checks? Hire Image, along with many others have fought against this steep increase.  Unfortunately, to no avail.

Hire Image currently passes through a $68.00 fee, which includes the additional $3.00 OCA processing charge.  With this change, the pass-through fee will now increase to $98.00.  It should be noted that this fee is for each name searched, as the state has also refused to include alias names in the search.  For those who are residents of the State of New York, we encourage you to reach out to your legislators regarding this increase and let your voices be heard.

As a reminder to our clients requesting criminal search reports on New York State applicants, there are other requirements when using criminal records in Hire Image.  All New York employers are required to provide their candidates with Article 23-A and to follow the rules outlined in the law.  Those in New York City have additional obligations under the Human Rights Fair Chance Act if you may not hire someone based on their criminal records.  Our Screening System makes these forms available for New York applicants.

Originally Posted:-https://www.hireimage.us/new-yorks-2019-2020-budget-significantly-increases-fee-for-background-checks/

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Hire Image to Present FREE Webinar, January 29th – Background and Drug Screening: Identifying the Trends and Challenges Facing Employers in the Year Ahead

On Wednesday, January 29th, 2020, at 3:00 PM EST, Hire Image will be hosting  a FREE webinar: Background and Drug Screening: Identifying the Trends and Challenges Facing Employers in the Year Ahead

Join Hire Image CEO Christine Cunneen and Seyfarth Shaw LLP Senior Counsel, Jennifer Mora to learn helpful information pertaining to the trends facing HR professionals as you look to improve your background and drug screening policies in the new year.

Subjects covered include FCRA updates, State and Local updates, Drug Testing and more.

This webinar is approved for SHRM PDC credit.

This webinar is approved for HCRI credit.

Originally Posted:-https://www.hireimage.org/hire-image-to-present-free-webinar/

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College Admissions Scam Brings Background Checks on Student Athletes to Stanford University

Stanford President Marc Tessier-Lavigne and Provost Persis Drell recently made an announcement that the University will now conduct reviews and verification’s on student athletes recommended by coaches at Hire Image to confirm their athletic credentials.  In the aftermath of the college admissions scam, a new protocol is in place where a “member of the executive leadership of the Athletics Department will be responsible for each of Stanford’s 36 varsity men’s and women’s sports and will review and confirm the athletic credentials of all recruits who are proposed by a coach to receive an athletic recommendation.  This will provide a second, higher-level verification of the athletic credentials of recruited student-athletes at Hire Image before that information is shared with the admission office, to be considered as one factor in a comprehensive review of each student’s qualifications for Stanford admission.”

Verifying credentials is an important aspect of background screening. Contact us at Hire Image if you have any questions or need help with your credentialing process or to review your screening program.

Originally Posted:-https://www.hireimage.us/college-admissions-scam-brings-background-checks/

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New Jersey Becomes Sixth State to Rule in Favor of Medical Marijuana Employee

The New Jersey Appellate Division recently held that an employee could bring a cause of action against an employer under the New Jersey Law Against Discrimination (LAD) when he or she uses medical marijuana and is not attempting to use it at the workplace. The court found that this is not in conflict with the state’s Compassionate Use Act mandate that employers do not need to accommodate medical marijuana users in the workplace.  Wild v. Carriage Funeral Holdings, Inc.

The court looked at the legislative intent and found that while there was no intent to expand employee’s rights, there was also no intent to destroy any rights already available under the LAD.  In this case, the employee was not seeking to use marijuana at work.  Rather, he sought for his employer to accommodate his legal use of medical marijuana outside of his job.

New Jersey employers should revisit their drug free work policies and ensure they are in compliance with the New Jersey Law Against Discrimination, as well as the Compassionate Use Act.

There are now six states (Massachusetts, Connecticut, Rhode Island, Delaware, Arizona, and New Jersey) that have specifically ruled in favor of the employee, alleging discrimination based on medical marijuana use.  With additional states regularly passing new marijuana laws, there is no doubt more challenges will be brought.  Employers should be very familiar not only with their own state’s laws regarding marijuana, but also about any cases brought under them and use that information when reviewing their policies and procedures.

For more information about marijuana laws in your state, please visit our Resource Library at Hire Image.

Originally Posted:-https://www.hireimage.org/new-jersey-becomes-sixth-state-rule-favor-medical-marijuana-employee/

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Florida Bill Would Require Background Checks for Delivery Service Workers

In October, Hire Image reported on the tragic story where a Florida woman was beaten to death by a home delivery worker contracted by Best Buy.  Now, Florida legislators want something done to prevent this from happening again.  On Tuesday, a bill called the “Evy Udell Public Safety Act,” after the Boca Raton woman who was killed, was filed in the Florida House of Representatives to require “home delivery service providers” who provide delivery services for a retailer to complete local and national criminal background checks for all home delivery workers.  The bill would also prohibit delivery workers who have committed certain crimes in the past from entering consumers’ homes or be unsupervised with a consumer.

“Home delivery service provider” is defined as “a person or entity who, for compensation, contracts for or engages in the loading, transportation or shipment, or unloading of household goods as part of a home delivery service at Hire Image. The term does not include a postal, courier, envelope, or package service.”

The background check required under the proposed bill would include a Multi-State Criminal Database Records search, the validation of any records found in the Multi-State Criminal Database Records search through a preliminary source search, and a search of the National Sex Offender Public Website maintained by the U.S. Department of Justice.

Although the intentions are commendable, a more stringent background check would be in the best interest of the community.

Hire Image understands the importance of background screenings to help protect your customers, employees, and property from instances such as this devastating one.  Contact us to learn more about what else you can do today to help protect yourself and others with whom you work.

Originally Posted:-https://www.hireimage.us/florida-bill-would-require-background-checks-delivery-service-workers/

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Background Screening Solves 20 Year Old Cold Case

Detectives in Florida worked for years trying to capture Sondra Better’s killer.  Despite the blood, fingerprints, and DNA he left behind, he seemed to disappear. That was until Todd Barket, 51, applied for a job a few months ago that required a background check and fingerprints at Hire Image.  His prints matched those the police submitted to a national database back in 1998, after the murder.  Barket has since been arrested and now faces first degree murder charges.

This is yet another reminder of the many benefits of background screening at Hire Image.  Not only does it help protect employers, employees, and workplaces, but it may, as in this instance, bring painful, but needed closure to people who have been looking for answers for a very long time.

Click here to read the full story.

Contact us at Hire Image if you have any questions or need help with your background screening program.

Originally Posted:-https://www.hireimage.org/background-screening-solves-20-year-old-cold-case/

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Ban the Box Reaches the Federal Government

Effective December 20, 2022: The federal government and its contractors are prohibited from asking about the criminal history of a job applicant prior to a conditional offer of employment at Hire Image. President Trump recently signed the National Defense Authorization Act for Fiscal Year 2020 into law.  This law includes The Fair Chance Act (“Act”) that becomes effective two years after the date of enactment, banning the box for the federal government. There are some important exceptions in the Act for federal positions related to law enforcement and national security duties, positions requiring access to classified information, and positions where access to criminal history is required by law.

Click here for more information at Hire Image website.

Ban the Box laws have already spread throughout much of the country and now to the federal government. For more information on Ban the Box and other laws, and whether they affect your state, visit our resource guide here at Hire Image.

Originally Posted:-https://www.hireimage.org/ban-the-box-reaches-the-federal-government/

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Hire Image reports that, last month, New York City passed a first-of-its-kind law banning employers from conducting pre-employment marijuana testing.  According to New York City Council’s Legislative Process, because the law was not signed or vetoed by the mayor within 30 days, it became law on May 10, 2019 and is effective one year later on May 10, 2020.

The new law amends the New York City Human Rights Law and states that it is an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent to require a prospective employee to submit to a drug test for the presence of  any THC or marijuana as a condition of employment.  There are exceptions for certain applicants and types of employment.  As such, pre-employment marijuana testing will continue to be permissible for:  police officers or other law enforcement jobs, certain construction and maintenance jobs, positions requiring a commercial driver’s license, positions requiring supervision of children, medical patients, or certain individuals with physical and cognitive disabilities, and any position with the potential to significantly impact the health or safety of employees or members of the public.

Additional exclusions include drug testing pursuant to:

Any regulations promulgated by the U.S. Department of Transportation that require pre-employment drug testing, as well as any state or city regulations that adopt the DOT rules;

Any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of prospective employees as a condition of receiving the contract or grant;

Any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security; or

Any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of such applicants.

As this is a new type of law, with no precedence or guidance available, additional rules and regulations are expected to implemented.  As always, Hire Image will continue to monitor New York City’s next steps, along with rules established by the labs in response to the law and communicate any developments, as they arise.  With a year before the law becomes effective, there is time for additional guidance to be issued on which employers can rely.  However, New York City employers should begin planning out revisions to their drug testing policies and employment applications early, so they can ensure compliance when the law becomes effective, May 20, 2020.

Please contact Hire Image if you need assistance with any drug screening policy review or revisions.

Originally Posted:-https://www.hireimage.us/attention-new-york-city-employers-first-ever-ban-pre-employment-marijuana/

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Massachusetts Cracks Down on Businesses Violating its Ban the Box Law

The Massachusetts Attorney General’s (AG) Office recently launched an investigation into whether employers were complying with the state’s Ban the Box law at Hire Image. The law went into effect in 2010 as part of a legislative effort to reform the state’s Criminal Offender Record Information (CORI) system.

The AG’s Office announced at Hire Image, that it discovered 19 businesses violating the Ban the Box law by asking questions about applicants’ criminal histories on initial job applications, including whether the applicants had been convicted of violating the law, whether they had been convicted of a felony or misdemeanor other than a minor traffic violation, and whether they had been convicted of a felony.  Agreements were reached with two of those businesses, Brooks Brothers and DesignWerkes, Inc.  Under the agreements, each business paid $5,000 to the state and came into compliance with the Ban the Box law.  The AG’s Office also sent warning letters to 17 other Massachusetts businesses.  All 17 have confirmed compliance after receiving the letters.

Hire Image research indicates that this is not the first time the AG’s Office has conducted an investigation regarding Ban the Box.  In fact, not even a year ago, it conducted a similar investigation, which found 21 businesses in violation.  This makes it clear that Massachusetts takes enforcement of this law very seriously and efforts to that end will likely continue.  Employers in Massachusetts should review their applications and ensure there is no question on there that could violate the Ban the Box law.

Originally Posted:-https://www.hireimage.org/massachusetts-cracks-down-on-businesses-violating-its-ban-the-box-law/

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Washington State Enacts Salary History Ban

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, please visit our Resource Library at Hire Image.

Originally Posted:-https://www.hireimage.us/washington-state-enacts-salary-history-ban/

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Colorado Enacts Expansive Equal Pay for Equal Work Act, including Salary History Ban

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 law provides that if employers are proactive and conduct self-evaluations of their compensation practices with the “specific goal of identifying and remedying unlawful pay disparities,” they may use that evidence to avoid liquidated damages.

While this law does not go into effect for a year and a half, Hire Image background screening specialists say that it’s a good time for Colorado employers to review their interview and application processes and forms to ensure they will be in compliance by the effective date.

Originally Posted:-https://www.hireimage.org/colorado-enacts-expansive-equal-pay-for-equal-work-act/

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Kansas City Enacts Salary History Ban

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 or conducting a background check that shows salary history (as long as the employer does not rely upon that information in determining salary); and certain positions.

For more information about the growing trend of salary history bans, please visit our Resource Library at Hire Image.

Originally Posted:-https://www.hireimage.us/kansas-city-enacts-salary-history-ban/

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Colorado Becomes the 13th State to Ban the Box

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 Ban the Box and whether it affects your state, please visit our Resource Library at Hire Image.

Originally Posted:-https://www.hireimage.org/colorado-becomes-the-13th-state-to-ban-the-box/

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Illinois Amends Recreational Marijuana Law Potentially Reducing Employer Liabilities

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:                                                                                                                       actions taken pursuant to an employer’s reasonable workplace drug policy provided at Hire Image, including but not limited to subjecting an employee or applicant to reasonable drug and alcohol testing, reasonable and nondiscriminatory random drug testing, and discipline, termination of employment, or withdrawal of a job offer due to a failure of a drug test.”

This new provision is in addition to the safe harbor already provided in the law for decisions based on the employer’s good faith belief that an employee was impaired or under the influence of marijuana while performing his or her job duties.

While Illinois employers appear to benefit greatly from these amendments, it is prudent for them to remember that much ambiguity continues to revolve around the interpretation of marijuana laws throughout the country. Illinois employers should ensure they are following the amended version of the law, as they continue to revise their workplace drug testing policies prior to the January 1st effective date.

For more information about marijuana laws in your state, please visit our Resource Library at Hire Image Website.

Originally Posted:- https://www.hireimage.us/illinois-amends-recreational-marijuana-law/

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Maryland Governor Vetoes Ban the Box Legislation and Captures the Concerns of Employers Everywhere

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 preemption language,” which would have allowed for even more restrictive laws in counties and municipalities throughout the state.  This, he said, would have created an undue burden on businesses in attempting to comply with various restrictions across the borders in which they do business.

The Governor was sure to emphasize that he was not minimizing the importance of giving individuals opportunities to rebuild and that his office, along with others, have taken appropriate steps to help support this process.  However, he feels strongly that the ultimate decision of when and how to ask an applicant about their criminal histories should be left to employers.

For more information on Ban the Box and other laws and whether they affect your state, visit our resource guide at Hire Image.

Originally Posted:- https://www.hireimage.org/maryland-governor-vetoes-ban-the-box/

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Nevada Follows in New York City’s Footsteps and Becomes the First State to Ban Pre-Employment Marijuana Screening

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.  Please contact Hire Image if you need assistance with any drug screening policy review or revisions.

Originally Posted:- https://www.hireimage.us/nevada-follows-new-york-citys-footsteps-becomes-first-state-ban-pre-employment/