Under the ordinance passed last December by Portland, Oregon’s City Council, starting in July city and private employers will be barred from asking about job candidates’ criminal records or doing criminal background checks until after a job offer has been made.
In addition, when considering someone for a job, employers must weigh a candidate’s experience and skills without considering their past criminal convictions. However, once a conditional job offer has been made, the employer may do a criminal background check. But if an employer retracts a job offer based on a past criminal conviction, they must explain what prompted them to reconsider the applicant.
The ordinance applies to private-sector employers who have six or more employees, but exempts other governmental agencies besides the city of Portland.
Exceptions include drivers, law enforcement specialists or others involved in the criminal justice system, and those who work with children, the mentally ill or clients with past addictions. Volunteers also are exempted.
Enforcement of the ordinance is the responsibility of the state Bureau of Labor and Industries (BOLI), which handles other job discrimination-related cases.
People who feel employers failed to follow the ordinance have six months to file complaints with BOLI, but would lose the right to mount separate lawsuits against the employer.
At CARCO, we love our clients! And they love us back! We take customer service very seriously and our clients are very appreciative. Don’t believe me? Here are some testimonials from our awesome clients!
My CARCO customer service rep is a Rock Star!
Very responsive-our calls always get returned quickly with excellent follow-up!
If you want to see more about why you should be using CARCO Group for your HR technology and background screening needs, click here.
A California federal judge tentatively approved AutoZone’s agreement to pay $5.7 million to end claims the company illegally ran credit checks on 200,000 prospective employees.
As part of the deal, AutoZone would pay $20 in cash or $40 in gift cards to class members to resolve allegations that it violated the Fair Credit Reporting Act(FCRA)in running background checks on potential hires.
According to the complaint, AutoZone violated the law by failing to disclose to potential hires, in a standalone document, that it was running the checks, and was including its pre-authorization form within a multi-page online employment application with other information.
As most of you know by now, the U.S. Department of Labor (DOL) recently finalized changes to the overtime rule that will make approximately 4.2 million currently exempt employees eligible for overtime pay beginning Dec. 1, 2016. The new exempt salary threshold has been raised to $47,476 and the rule includes a hike every three years in the minimum salary for exempt employees.
Here’s a map provided by the DOL indicating how many workers in each state are expected to be eligible for overtime pay under the new rule changes.
Map provided by the U.S. Department of Labor
It’s official. On May 18, 2016, the Department of Labor finalized a rule to update overtime protections. The final rule, which takes effect on December 1, 2016, doubles the salary threshold—from $23,660 to $47,476 per year—under which most salaried workers are guaranteed overtime (hourly workers are generally guaranteed overtime pay regardless of their earnings level). Additionally, this new level will be automatically updated every three years to ensure that workers continue to earn the pay they deserve.
According to the White House fact sheet, the new rule will:
- Raise the salary threshold from $23,660 to $47,476 a year, or from $455 to $913 a week.
- Raise Americans’ wages by an estimated $12 billion over the next 10 years, with an average increase of $1.2 billion annually
- Extend overtime protections to 4.2 million additional workers who are not currently eligible for overtime under federal law.
- Update the salary threshold every three years.
- Raise the “highly compensated employee” threshold – from $100,000 to $134,004 – above which only a minimal showing is needed to demonstrate an employee is not eligible for overtime.
- Respond to employers’ concerns by making no changes to the “duties test” and allowing bonuses and incentive payments to count toward up to 10 percent of the new salary level.
The Department of Labor will also release three technical guidance documents, designed to help private employers, non-profit employers, and institutions of higher education come into compliance with the new rule.
Read more at whitehouse.gov.
On May 12th, Judge Donovan W. Frank dismissed with prejudice a putative class action lawsuit against Target Corp. (Target) saying any alleged violation wasn’t willful.
The suit accused the company of violating the Fair Credit Reporting Act (FCRA) and focused on the requirement in the FCRA that the disclosure to an employee advising them of a background check “consist solely of that disclosure and authorization.” The plaintiff alleged that Target’s background check authorization contained extraneous language on its form, including language stating that the company has “the right to end your employment at any time for any reason.” The class action sought to include all individuals that Target requested background reports on over the last five years.
Target’s background check disclosure and authorization notice also included language requiring its employees commit to “dedication, trust and above all, honesty.” Target argued in its motion to dismiss that “any additional details merely enhanced the disclosure in a clear and conspicuous way.” Target also maintained that it is not “objectively unreasonable” that its reading of the statute could allow for additional information to be included on the background check disclosure. Judge Frank agreed with Target’s arguments, finding that the company “didn’t willfully fail to comply with the FCRA based on its objective reading of the statute.”
The case is: Thomas J. Just v. Target Corp.,case number 0:15-cv-04117, in the U.S. District Court for the District of Minnesota
According to a survey conducted by BambooHR of more than 1,000 business professionals, most people prefer money to titles and other types of recognition. Finally, people I can relate to! I’ve read an unending amount of articles over the last few years describing how transparency, recognition, a fancy title, extra perks, paid days off, etc. are the important things that keep employees happy. I’d scratch my head thinking transparency and recognition won’t pay my mortgage and the last time I checked, the dentist wouldn’t accept my fancy title as payment for my son’s braces. While those other benefits are definitely nice, a new survey shows that cash is king!
According to BambooHR’s survey:
- 82 percent of employees said they only needed a 3 percent raise to accept money over a title promotion.
- While most prefer money, one in five prefer the title change.
- Employees are not interested in being offered “advancement” in title or responsibility without increasing their pay.
- 70 percent of employees prefer a cash bonus over recognition through a company-wide email from a company executive.
- 3 out of 4 said a bonus would have to be at least $2000 for them to accept it over a company-wide recognition email.
- 1 out of 5 said a bonus would have to be at least $5000 for them to accept it over a company-wide recognition email.
- 70 percent would prefer a gift card while 30 percent would opt for cash added to their next paycheck – probably because the paycheck cash is taxed.
- 30 percent of employees prefer an email recognizing their contributions. Employees also say they’d much rather be recognized by an executive in a company-wide email than receive a prestigious industry award.
So, according to this new survey, it is important to know your employees and what it takes to keep them happy and engaged. Most people work for monetary reasons so it’s no surprise that monetary recognition is the No.1 choice.
Fred Giles, CARCO’s SVP, Strategic Initiatives, Invites You to Attend A Conference On:
The Use of Criminal Records in Hiring:
Compliance, Risk, and Opportunity
WHEN: Tuesday, May 10, 2016
355 S. Grand Avenue, 45th Floor
Los Angeles, CA 90071
8:00 am/Registration, breakfast and networking
9:00 am-3:30 pm/Program
Cocktail hour and networking to follow
CLICK HERE TO REGISTER
HIGHLIGHTS WILL INCLUDE:
- Review of antidiscrimination laws and EEOC criminal records guidance
- Rules for obtaining a criminal background check report under the federal Fair Credit Reporting Act, California Investigative Consumer Reporting Agencies Act, and Consumer Credit Reporting Agencies Act
- Updates on “ban the box” and negligent hiring laws
- Guidance to help employers assess risk and better determine which applicants with records may be good hires
- Lessons learned from employer and workforce development partnerships
- Recent hot cases involving criminal records issues and hiring decisions
- Current research on risk assessments in the employment setting
|WITH COMMENTS AND PRESENTATIONS FROM:v The LA Mayor’s Office of Reentry (Mayor Eric Garcetti, invited)
v US Department of Justice
v Lawyers’ Committee for Civil Rights Under Law
v National HIRE Network
v National Workrights Institute
v CARCO Group, Inc.
CREDIT: CLE credit in CA pending approval.
WHO SHOULD ATTEND?
v In-house employment and litigation counsel
v Human resources professionals
v Employers seeking guidance on navigating the various laws applicable to applicants with criminal records backgrounds
About CARCO Group, Inc. CARCO is an HR technology and paperless workflow solutions company. Started in 1977 as a background screening company, CARCO has evolved to become a full-service HR partner, helping clients manage their new hire process in standalone solutions or integrated with their ATS. CARCO’s Onboarding Solution eliminates paper processes and ensures efficient and compliant hiring. Full-service offerings include background screening globally, electronic I-9/E-Verify, vendor screening, drug testing, and fingerprinting services. Through its technology, CARCO is able to customize unique programs and quickly respond to changing customer needs.
Hiring and retaining valued employees continues to be very challenging for most hiring managers. However, experts say that hiring forecasts for 2016 remain strong. To be successful in this candidate driven market, employers must develop a strategic plan. According to Roy Maurer of HR Magazine, here are some of the recruiting trends experts anticipate this year that should be incorporated into your strategic plan:
- Focus on employer branding will grow: Valuable candidates are in the driver’s seat! Job seekers are very sophisticated and interested in working with the top companies that offer the values they are interested in. They do their research! Showcasing your employer brand has never been more important. Best practice is to focus on the individual’s needs and match those needs with unique opportunities in your organization.
- Use of talent analytics will increase: Analyzing data to measure and improve hiring is critical. As HR and recruiting find the best ways to gather and understand data they will have better insight into issues concerning future and current employees, the best workplace options, and competitor talent pools.
- Employers will broaden their sourcing scope: The current lack of qualified candidates is causing organizational leaders to look into developing talent internally, using their internship programs to usher young talent into their employee pipeline, and fundamentally changing their hiring criteria.
- HR will look to repair the candidate experience: Organizations are strengthening their onboarding process to ensure that candidates can easily find and apply for open positions. A robust onboarding process is also a way for the company to stay engaged with candidates throughout the hiring process and ensure their onboarding is as easy and efficient as possible.
- HR technologies will integrate: A consolidation of tools and cross platform expansion will continue this year at a slow pace as talent acquisition technology shifts from using multiple platforms to utilizing a single platform.