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Compliance Considerations

As an employer, you are likely aware of federal and state laws that are in effect where you operate. When your business was getting started, you likely relied exclusively on local job seekers to fill out your staff. As you’ve grown, you may be expanding your searches and looking for candidates who do not live in your area.

During the pandemic, numerous organizations adapted to new ways of doing business. This often included developing strategies to conduct the hiring process online and allowing people to work from home. When bringing on employees from other states, you must also consider laws that are in effect where they live.

Learn About State Laws

Every state has their own employment laws, some of which are intended to help consumers who are looking for jobs, credit, housing and other necessities. Second Chance Laws are a good example. There are various bills that are designed to help people who have criminal records. These include but are not limited to:

• Ban the Box laws that require employers to remove questions about criminal records from job applications and may indicate at what point a background check should be run.
• Expunction laws that allow consumers to have certain types of criminal records sealed and therefore no longer available to the public.
• Individualized Assessment laws that require employers to review any convictions found during a background screening to help determine if they are relevant to the position or an applicant might pose an undue risk.
• Some states and counties have laws that create specific requirements for employers when they are requesting background checks or considering adverse actions, such as denial of employment.

These laws vary by location. It is essential to know which ones apply to your business.

Best Practices

As employers bring on workers who live throughout the country, they may encounter scenarios in which laws differ from the state of operation and the state of residence. Best practice is generally to follow whichever is more favorable to the candidate.

Most importantly, every employer should have written hiring and background screening policies. This document should reference compliance topics and cover any laws that must be considered when hiring people in other states. Before this document is finalized, it should be reviewed and approved by legal counsel.

Comprehensive Background Screening

Regardless of where you operate, running comprehensive background checks is always a crucial part of hiring. Employers rely on these reports to help them make informed decisions, demonstrate due diligence and maintain safe workplaces. Hiring managers use them to see if a candidate has violent or other serious criminal records. They can help your team learn useful information about an applicant’s employment and educational history or if they hold mandatory licenses and meet other requirements for specific positions.

When your organization is in need of background screening services, please contact us. Our team is FCRA-certified and we make efforts to keep up with federal, state and local laws that cover employment. We can help you customize screening packages for any position and are here to assist you Monday through Friday from 5am to 6pm PT.