Recently in Background Checks Category

May 14, 2012

U.S. Senate now has its own FB password bill; NJ nears similar ban

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Well, that didn't take long.

Late last month, I reported on a bill that had been introduced in the U.S. House of Representatives, known as the Social Networking Online Protection Act (SNOPA), that would prohibit employers, schools, and universities from requiring someone to provide a username, password or other access to online content.

Now, it's the U.S. Senate's turn to get in on the act with its own password bill. Plus, after the jump, I'll have an update on similar legislation winding its way to Governor Christie in New Jersey...

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May 7, 2012

Report: Employees share WAY more Facebook info than they think

FacebookMaryland has a new law forbidding employers from demanding that job applicants and employees divulge online passwords. Two weeks ago, the federal government proposed similar legislation. And, last week, news surfaced that Delaware may be placing the same restrictions on employers.

But who needs to demand online passwords, when, according to this report from Consumer Reports, your employees are sharing way more information on Facebook than they realize.

Some of the highlights from the report and a few related tips for employers follow after the jump...

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March 26, 2012

Relax! Businesses don't want employee Facebook passwords.

Chicken LittleBut, if you think they do -- maybe you read this article last week -- then I have a bridge in Brooklyn to sell you, sucker.

Come on! The sky isn't falling. Demanding social media access from employees and potential hires and is most definitely the exception and not the rule. And I'll set the record straight on this bad business practice after the jump...

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February 3, 2012

Pepsi and Criminal Background Checks: Beyond the Buzz

guestblogger.jpgToday we have a guest blogger at The Employer Handbook. It's Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.

Janette's post on criminal background checks, which includes some best practices for employers, follows after the jump...

(Want to guest blog at The Employer Handbook? Email me.)

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January 18, 2012

Crime & Punishment: Beware what you ask Philly job applicants

Thumbnail image for phillyskyline.JPGLast year, here and here, I discussed legislation that would prohibit Philadelphia employers from asking job applicants about certain arrests and making any personnel decisions based on records of an arrest that does not result in a conviction. That legislation is now the law. That law is the Philadelphia Fair Criminal Record Screening Standards Act.

Let's practice...

"So, do you have any old arrests for streaking across the field at Citizens Bank Park?" -- Illegal.

"How much would I have to pay you to skate across the ice at the Wells Fargo Center in a nude bodysuit?" -- Stupid. Inviting a sexual-harassment claim. But, technically, legal under the new Act.

For more specifics of the Act, check out this e-Alert from my Dilworth Paxson colleagues, Marjorie Obod and Katharine Hartman.

h/t Janette Levey Frisch

November 29, 2011

3 tips to guide a social-media check on your potential new hire

watertoe.jpgAccording to this recent SHRM survey, only 18% of companies have used social media to screen job candidates. Most cite the legal risks of screening candidates as the reason for not implementing a social-media background check.

While a social-media background check may not be useful in certain instances, I can imagine many situations in which a company would benefit from checking up on candidates online before filling a job opening. Heck, consider that 89% of employers plan to use social media for recruiting this year.

Have I piqued your interest? After the jump, I'll offer some suggestions about how your company can safely run a social-media background check...

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November 28, 2011

Barbie Shagwell, whips, and other social-media hiring red flags

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Two weeks ago, I was in Las Vegas at the Advanced Employment Issues Symposium, presenting on using social media to make hiring decisions. If you would like to obtain a copy of my presentation, just head on over to our Facebook fan page, "like" us, and download it.

After the jump, I want to touch upon one of the hotter topics we discussed. That is, just what are those red flags that employers should be looking for should they choose to use social media to background-check job candidates?

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April 20, 2011

When can Philly employers ask about criminal convictions?

Back on March 22, I reported that City Council would vote on the "Fair Criminal Screening Standards" bill, a measure that would forbid city employers from discriminating or retaliating against job candidates with criminal convictions. City Council has since approved the bill and Mayor Nutter has signed it.

For more details about this bill and the effect it will have on employers, check out my March 22 post and this e-Alert from Marjorie Obod and Katharine Hartman of Dilworth Paxson LLP.

One thing is clear, Philadelphia employers better act hella-fast to update their employment applications, as this new law will take effect 90 days from when Mayor Nutter signed the bill. So what are you waiting for? (Yes, you have time to watch both the CGI and Alient Ant Farm cover of "Smooth Criminal")

March 22, 2011

Can Philadelphia employers ask job applicants about criminal convictions?

For now, yes.

However, a bill presently pending in City Council could change that very quickly. I'll break down the bill and the impact it will have on local employers after the jump.

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