Aug 23, 2021 @ 3:07 PM EDT | Global, United States
As of Saturday, August 21, 2021, clients who are integrated with Taleo Business Edition (TBE) may be experiencing Sterling system and service issues due to an outage by our ATS provider. Clients and candidates are unable to submit or receive orders.
We are in communication with our applicant tracking system (ATS) provider, who is actively working to resolve issues. We will continue to share updates, and thank you for your patience.
Aug 23, 2021 @ 2:19 PM EDT | United States
On April 1, 2021, the Governor of Arizona, Doug Ducey, approved House Bill No. 2067. It is an Act amending Section 13-905 of the Arizona Revised Statutes and relates to Criminal Convictions. The effective date is August 27, 2021.
The Bill is amended to read: Setting aside judgment of convicted person on discharge; application; release from disabilities; firearm possession; exceptions
The amended rules states, “Every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of sentencing”.
Additionally, the court may issue an order that includes a certificate of second chance to a person whose judgment of guilt is set aside according to the following:
If the court grants the application to set aside the judgment of guilt, the court’s order must include a certificate of second chance if the person has not previously received a certificate of second chance and the person was convicted of a misdemeanor.
If a person was convicted of a class 4, 5 or 6 felony, and at least two years have elapsed since the person fulfilled the conditions of probation or sentence, or, if the person was convicted of a class 2 or 3 felony, and at least five years have elapsed since the person fulfilled the conditions of probation or sentence, the certificate of second chance:
- releases (unless specifically excluded) the person from all barriers and disabilities in obtaining an occupational license that resulted from the conviction if the person is otherwise qualified
- provides an employer of the person with all of the protections that are provided according to the state’s statutes on limited liability from claims of negligent hiring due to past criminal convictions
- provides a person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer
- is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate of second chance when applying for an occupational license, employment, or housing
If the court does not issue an order that includes a certificate of second chance when the person’s conviction is set aside, the person may apply to the court for a certificate of second chance after meeting the requirements above, relating to misdemeanor and felony convictions.
If the state or the victim objects to an application to have a judgment of guilt set aside, an objection to the application must be filed within thirty days after the application is filed with the court. If an objection is filed, the court may set a hearing.
The clerk of the court must notify the department of public safety if a conviction is set aside. The department of public safety must update the person’s criminal history with an annotation that the conviction has been set aside, and if applicable, a certificate of second chance has been issued. The department of public safety may not redact or remove any part of the person’s record. The full text of Arizona House Bill No. 2067 can be found here: Arizona HB No. 2067.
The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/.
Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.
Aug 23, 2021 @ 2:12 PM EDT | United States
On June 9, 2021, the Governor of Maine, Janet Mills, signed House Bill No. 1167. The Bill addresses criminal history record information and employment applications. The effective date is October 1, 2021.
The amended rules state, an employer may not request criminal history record information on an initial application or state on an initial application or advertisement that a person with a criminal history may not apply or will not be considered for the position. Additionally, an employer may not specify prior to determining a person is otherwise qualified for the position, that a person with a criminal history may not apply or will not be considered for the position, except under the following conditions:
- An employer may inquire about an applicant’s criminal history record during an interview or once the applicant has been determined otherwise qualified for the position. The employer shall afford to the prospective employee the opportunity to explain the information and the circumstances regarding any convictions.
- The position is one for which a federal or state law or regulation or rule creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses, and the questions on the initial employee application are limited to the types of criminal offenses creating the disqualification; or
- The employer is subject to an obligation imposed by a federal or state law or regulation or rule not to employ in a position a person who has been convicted of one or more types of criminal offenses, and the questions on the initial employee application are limited to the types of criminal offenses creating the obligation.
Employers are subject to penalties of not less than $100 and not more than $500 for each violation of this prohibition, which are enforced by the Department of Labor.
The full text of House Bill 1167 can be found here: Maine LD 1167.
Maine employers should review their drug and background screening policies and programs in light of the new law. Employers should also consult with their legal counsel when considering updating
The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/.
Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.
Aug 23, 2021 @ 11:26 AM EDT | United States
In observance of Labor Day on Monday, September 6, 2021, U.S. courthouses, schools in session, and businesses will close. As a result, criminal searches, drug and health testing and verifications with external dependencies are expected to be delayed by 24 to 48 hours. We also recommend that candidates and employees call their chosen collection site to verify hours of operation as some providers have modified hours. For reference, here’s a list of 2021 holidays. Thank you for your continued trust in Sterling.
Aug 19, 2021 @ 10:43 AM EDT | United States
The Governor of Nevada, Steve Sisolak, approved Senate Bill No. 293 on June 2, 2021, amending Chapter 613 of NRS. The effective date is October 1, 2021.
It is an Act relating to employment; prohibiting an employer from seeking or relying on the wage or salary history of an applicant for employment; prohibiting an employer from refusing to interview, hire, promote or employ an applicant if the applicant does not provide wage or salary history; requiring an employer to provide the wage or salary range or rate for a position, promotion or transfer to a new position; allows an employer to ask an applicant about his or her wage or salary expectations; allows a person to file a complaint for violations of such provisions; employers who violate such provisions may be subject to administrative penalties.
The amended rules establish the following:
An employer, employment agency, the board of county commissioners, the governing body of an incorporated city, the board of county commissioners of an unincorporated town, or an appointing authority shall not,
- seek the wage or salary history of an applicant for employment
- rely on the wage or salary history of an applicant to determine whether to offer employment to an applicant or the rate of pay for the applicant
- refuse to interview, hire promote or employ an applicant or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.
An employer, employment agency, the board of county commissioners, the governing body of an incorporated city, the board of county commissioners of an unincorporated town, or an appointing authority shall,
- provide to an applicant for employment who has completed an interview for the position, the wage or salary range or rate for the position
- the wage or salary range or rate for a promotion or transfer to a new position if an employee has
- applied for the promotion or transfer
- completed an interview for the promotion or transfer or been offered the promotion or transfer
- requested the wage or salary range or rate for the promotion or transfer
The entities named above are not prohibited from asking applicants for employment about their wage or salary expectation for the position in which the applicants are applying.
It is an unlawful employment practice to violate provisions of this Act, and a person may file with the Labor Commissioner a complaint against an employer or employment agency for engaging in an unlawful employment practice.
The full text of Senate Bill No. 293 can be found here.
Nevada employers should review their drug and background screening policies and programs in light of the new law. Employers should also consult with their legal counsel when considering updating their drug and background screening policies and programs.
The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. We do not undertake any duty to update previously posted materials.
This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/.
Aug 17, 2021 @ 4:13 PM EDT | United States
As of Tuesday, August 17, 2021, Motor Vehicle Record (MVR) searches for Missouri are unavailable. We are monitoring the situation to reinstate MVR fulfillment as quickly as possible, and will provide updates as they become available. Please expect delays. Thank you for your patience.
