What You Should Know About Expunged Convictions, On Demand Workers And Salary Disparity
The background screening process is constantly evolving to become more transparent, fair and comprehensive. Backgrounds Online is dedicated to helping you stay informed and compliant with new or updated laws that affect you. Here are three hot topics you should know about:
Expunged Records And Non-Convictions
While it is essential to thoroughly background screen everyone who represents your business or organization, it’s equally imperative to know what type of records cannot be considered.
Employers in several states are prohibited from reviewing arrests and detainments that did not result in a conviction. Backgrounds Online does not include these records in our reports. Some states have similar laws for convictions that were later sealed. Our background check reports do not contain any information about expunged criminal records.
We expect to see additional expungement and non-conviction laws introduced as part of a nationwide “Second Chance” movement to help people with minor convictions find jobs. Employers should be aware that even if they operate in states that don’t have these laws yet, best practice is to not consider expunged records or non-convictions when making business decisions.
On Demand Workers Should Always Be Screened
We’ve read too many news stories about crimes committed by individuals while “on the clock” for well-known corporations. This often happens when a business does not complete their due diligence requirements by running comprehensive and recurring background checks.
If someone who represented your business was convicted of a crime – would you be able to show you took reasonable precautions to confirm they did not have a serious criminal history? On demand workers often have direct access to consumers. They provide rides, deliver food and handle projects inside customer’s homes. Businesses that rely on contractors are responsible for properly screening those individuals before they are allowed to interact with the public.
Another big focus in the U.S. is to eliminate wage gaps that exist due to gender or other protected factors. To help, several states have implemented laws that prohibit employers from asking applicants about their salary history.
The goal is to prevent employers from offering salaries and other forms of compensation based on what a person makes currently. Instead, employers are encouraged to pay people similar amounts for handling similar job duties. Salaries can vary due to location (to combat the cost of living), seniority, skill level or other relevant factors.
To help you remain compliant with relevant laws, our background check order flow does not have the option to request current or previous salaries for job seekers.
The team at Backgrounds Online strives to keep up with laws and best practices that impact you. Watch for more useful information you should know in our upcoming newsletters. If you have questions about your background screening policies, laws that affect you or anything related, please contact us today.