Unfortunately, we have found that many of our Family Offices and privately held businesses are not aware of the recent Employment laws and how they may be affected by them. Since there are significant penalties for non-compliance with the recently enacted laws, we felt compelled to bring this to your attention.
Eleven states have passed laws limiting the use of employment credit checks including: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington and some cities including New York City and Chicago.
There are exemptions to the law which include: those required by law such as police and peace officers and high level positions involving trade secrets, financial authority and information technology. The exemptions do not include most entry and non-salaried employees. They do not include salespeople, clerical workers, administrative staff, private security employees, cashiers, tellers or restaurant and bar workers.
If an employer has four or more employees, they must comply with the law. Even if an employer meets the SCDEA exemption and is able to check an employee’s credit, the employer must still follow the New York Fair Credit Reporting Acts and other states’s employment laws.
For additional information on how to protect your business from non-compliance with the most recent employment laws in your location, please feel free to contact Michael Rosenblatt, President of FON Search and The Quest Organization at: 212-971-0033 or via email at michael.rosenblatt@questorg.com
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