Law Update

Home / Law Update

Massachusetts Law Update

Posted in News Articles on 10/01/2010

Effective November 4, 2010 Massachusetts law prevents employers from asking questions on an initial written application about criminal offender record information.  Employers may inquire about an applicant’s criminal history after the initial written application during a subsequent in-person interview or later in the hiring process. BackTrack has modified the standard release…

Illinois Law Update

Posted in News Articles on 09/01/2010

Effective January 1, 2011, the State of Illinois has place restrictions on the use of credit reports in background checks.  Governor Quinn signed the Employee Credit Privacy Act (H.B. 4658) into law on August 10, 2010. Credit reports may be used in limited circumstances where a bona fide occupational requirement…

Oregon Law and Credit Reports

Posted in News Articles on 07/01/2010

The state of Oregon has enacted legislation called the Job Applicant Fairness Act which restricts credit checks on job applicants.  Senate Bill 1045 will limit employers’ access to credit reports on job applicants with certain exceptions. The current exceptions include: employers who are federally insured bankers or credit unions; employers…

County vs. Statewide Criminal Searches

Posted in News Articles on 12/04/2009

We have received questions from clients – What is a better criminal search – a county or a statewide? Why should I do a county search when I can do a statewide? What is the difference between these searches? County and statewide criminal searches are still the backbone of any…

Utah Law Update

Posted in News Articles on 06/10/2009

Effective May 12, 2009, the State of Utah has enacted legislation designed to protect Personally Identifiable Information (PII) on applicants applying for jobs.  House Bill 206 sets out specific guidelines for employers and what data they may collect from job applicants and how the data may be used.  It also…

Massachusetts Law Update

Posted in News Articles on 02/02/2009

***Update – 02/2009*** The general compliance deadline for 201 CMR 17.00 has been extended from January 1, 2009 to May 1, 2009. The deadline for ensuring that third-party service providers are capable of protecting personal information and contractually binding them to do so will be extended from January 1, 2009 toMay…

State of New York Legal Update

Posted in News Articles on 12/04/2008

On August 5, 2008 New York State Governor David A. Paterson signed into law new legislation designed to give those with previous criminal convictions opportunities for employment.  Employer protection against claims of negligent hiring has also been enhanced. Article 23-A was designed to encourage employers to hire ex-offenders by providing…

Nevada Law Update

Posted in News Articles on 10/01/2008

Effective October 1, 2008, Nevada Law NRS 597.970 went into effect requiring the encryption of electronically transmitted personal information.    This Nevada Law states the following: “A business in this State shall not transfer any personal information of a customer through an electronic transmission other than a facsimile to a person…

New York State Legal Update

Posted in News Articles on 08/01/2008

Effective January 2009, the State of New York has amended their state law regarding protecting personally identifiable information (PII).  On July 9, 2008, Governor David Patterson signed Bill No. A11752 / S8376A regulating employers’ internal use of PII, including social security numbers, home address or telephone number, personal electronic email…