Navigating the Texas Regulatory Consistency Act: A Guide for Employers
On September 1, 2023, the Texas Regulatory Consistency Act, or House Bill 2127, will be coming into effect. For employers across the state, particularly those who are concerned about local ordinances when conducting employment screening, this Act may add some consistency and clarity. Let's explore what this means for businesses operating in Texas. Understanding the Shift The Texas Regulatory Consistency Act has been crafted with the intention of streamlining regulations across Texas. Its primary aim is to prevent cities and counties from enforcing or enacting rules that conflict with state statutes, unless expressly permitted by another law. With this Act, [...]
FTC Issues Guidance to Landlords on Using Consumer Reports: Everything You Need to Know
In July 2023, the Federal Trade Commission (FTC) released important guidance for landlords, property managers, and other housing providers who utilize tenant background checks for making housing decisions. Landlords often require a deeper understanding of their applicants than employers do, requiring in-depth background checks. This guidance aims to ensure clarity and compliance. It also seeks to clarify adverse actions, and when tenants should be notified of them. The FTC appears to be concerned that tenants are not always receiving the notices they are entitled to by law. Understanding Tenant Background Checks When landlords evaluate housing applications or decide on lease [...]
Chicago amends its ban-the-box ordinance
On April 24, 2023, the Chicago City Council voted to amend the city's ban-the-box ordinance, which restricts when and how private employers may ask about a job applicant's criminal history. The amendments expand the ordinance's coverage and impose new compliance obligations on Chicago employers. Many employers that were exempt under the old rules no longer are, and penalties have significantly increased. What is Chicago's Ban-the-Box Law? Chicago enacted its original ban-the-box ordinance in 2014. It prohibited employers from asking applicants about their criminal record until after making a conditional job offer. After that point, employers could only withdraw the offer [...]
California’s evolving background check landscape
California is well-known for innovative laws regarding individual rights. As background checks have become increasingly important for employment and housing, California has moved to regulate them. Although California laws are stricter than most states, they have often served as a template for others to follow. A few of the bills being considered could have dramatic effects if they should pass. In this blog post, we will delve into some of the proposed and recently passed background check bills in California that impact employee and tenant screening. Senate Bill 809: Fair Chance Act of 2023 - Limiting Employers' Access to Applicants' [...]
The OIG Exclusion List: A critical tool for healthcare employers
The Office of Inspector General (OIG) Exclusion List is a tool used to ensure that individuals or entities who are excluded from participating in federal healthcare programs are not hired or engaged by healthcare providers, suppliers, or contractors. The OIG Exclusion List is maintained by the OIG, which is part of the Department of Health and Human Services (HHS). Checking this list is part of our national criminal background check. The OIG Exclusion List, also known as the List of Excluded Individuals/Entities (LEIE), contains the names of individuals and entities that have been excluded from participating in federal healthcare programs, [...]
Navigating Michigan’s expungement Laws with the introduction of automated expungements
April 2023 marks the introduction of automated expungements in Michigan, making it more critical than ever for employers and landlords to stay informed about the state's expungement laws. With these changes, more people are now eligible to have their criminal records expunged, which may impact your hiring and tenant screening processes. This blog post will provide an overview of Michigan's expungement laws, discuss the implications of automated expungements for employers and landlords, and offer guidance on how to navigate these changes. Michigan's Expungement Laws: An Overview In April 2021, Michigan's Clean Slate Act went into effect, expanding the types and [...]