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Greetings!
This month's edition identifies a few important updates that you should be aware of: Massachusetts criminal background check law (referred to as the CORI Law), Illinois Employee Privacy Act and the expansion of the Illinois Family Military Leave Act. Take the time to review and update the appropriate policies and sections of your employee handbook.
As long as you are investing time and energy into reviewing these policies, set aside some additional time to measure your human resource plans and functions overall. It is extremely critical to remain legally compliant on all Federal and State laws, regulations and policies as it pertains to your employees and organization. |
 A Few Updates...
New Massachusetts Law on Criminal Background Checks:
How employers access and use criminal offender record information ("CORI") in the Commonwealth has changed under a new law signed by the Governor on August 6, 2010. Among other things, the new CORI law bans the use of questions about criminal history on written employment applications. This ban becomes effective November 4, 2010. The law also creates a new method and database for employers to access criminal records, replacing the current procedure with the Criminal History Systems Board. This becomes effective in May, 2012. Revise or redact your Employment Application used in Massachusetts accordingly.
Employers who obtain CORI information (either through the new state database or a third party) will have to provide it to an applicant prior to questioning the applicant about his or her criminal history or prior to taking any adverse action. Failure to do so may subject an employer to investigation, hearing and "sanctions" by the Criminal History Systems Board and a civil fine ranging from $1,000 to $5,000.
The new CORI law requires employers to create a written "CORI Policy" that describes the employer's practice in requesting criminal history records. If an employer conducts at least five criminal background investigations each year, it must create and maintain a "written criminal offender record information policy" that, among other things, notifies applicants of potential adverse decisions based on criminal records. This policy is required regardless of whether the employer requests the records from the new state DCJIS database or uses a third-party vendor.
Illinois Employee Privacy Act:
Most all Illinois employers will have a tougher time conducting credit checks on applicants and employees and using the information for employment purposes beginning January 1, 2011. The state's new Employee Privacy Act (House Bill 4658), signed by Governor Quinn on August 10, 2010, prohibits all but a handful of employers from:
- inquiring into an applicant's or an employee's credit history;
- ordering a credit report on an applicant or employee from a consumer reporting agency; or
- taking any adverse employment action (such as refusing to hire) because of the individual's credit history or credit report.
Employers in the following industries are specifically exempted from the Act's coverage: - banks and other financial institutions;
- businesses engaged in insurance;
- state law enforcement agencies;
- state and local government agencies that require credit reports; and
- qualified debt collection agencies.
Illinois Employers of 50 or more Employees:
Gov. Quinn has signed into law an expansion of the Illinois Family Military Leave Act which becomes effective January 1, 2011. Under the expanded provisions of the law, grandparents and adult children (newly added to the Act) as well as the spouse, child, or parent working within organizations employing more than 50 people will now be able to take up to 30 days of job protected unpaid leave from work to be with a military family member before that family member goes to serve on active duty.
Affected employers will need to up-date their Family Military Leave Policy, Employee Handbook, and Administrative Procedures by January 1, 2011 to be in legal compliance.
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 AUDITING YOUR HUMAN RESOURCES
FUNCTION Are you comfortable that all of your Human Resources plans, programs, policies and procedures are legally compliant and being administered the way they were intended? All employers, but particularly small to midsized employers (often without a dedicated HR staff), would benefit from an independent third party audit of these activities. Some legal and regulatory requirements apply to all employers regardless of size, others contain threshold "triggers" which impact employers with 15 or more employees, others 50 or more employees, and still others 100 or more employees. Federal and State laws and regulations have been changing with increased frequency; organizations with employees in multiple States have the further complication of differing State laws and regulations with which to contend. RGL Consultants can provide your organization with an enhanced understanding and comfort level regarding the current status of your HR practices by conducting a Human Resources Function Audit. The scope of this Audit would cover the following activities/processes: - Human Resources Function/Mission and Accountabilities
- Federal/State Human Resources Legal and Regulatory Compliance
- Recruitment and Selection
- Education, Training and Development
- Employee Relations/Employee Services/Employee Handbook
- Employee Benefits
- Compensation
- Human Resources Planning
- Diversity and Equal Employment Opportunity
- Safety and Environment
- Payroll
- Documentation and Information Systems
RGL Consultants completes its evaluation of information generally obtained through on-site (1-2 days) interview and observation processes, analyzes the resulting findings, and then develops a summary of strengths, weaknesses and areas that may require corrective action. A summary report is prepared and presented for review and consideration. This report can then serve as the basis for the subsequent preparation of appropriate action plans as warranted. To discuss this, or any other HR needs, further or to obtain a Proposal, contact us.
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We encourage you to forward this Newsletter to colleagues or others whom you feel would be interested in receiving the RGL Pipeline
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" Late Breaking Up-Date"
Legislation was just introduced in both chambers of Congress to extend the HIRE Act by six months. As it currently stands, this Act provides tax incentives for businesses hiring unemployed workers; including a 6.2% payroll tax incentive for employers who hire unemployed workers this year (after 2/3/10 and before 1/1/2011) and a $1,000 general business tax credit for each worker retained by the employer for at least one year.
Under the "HIRE Now Tax Cut Extension Act of 2010" employers hiring qualified employees from 7/22/10 through 6/30/11 would be entitled to take advantage of the HIRE Act's benefits for an additional six months. Please refer to the archived April 19, 2010 "Special Edition" of the RGL Pipeline available on our website: www.rglconsultants.com for more details regarding the HIRE Act and definition of qualified employees. |
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