New York City Passed Ban the Box for All Employers in NYC

Aurico wants to remind New York City Employers that on June 10, 2015, the New York City Council passed a "Ban the Box" bill  titled "Prohibiting Discrimination Based on one's Arrest Record or Criminal Conviction".  Mayor de Blasio signed the bill on June 29th, and this law will be effective on October 27, 2015. The bill impacts all employers with four or more employees in NYC (including the boroughs) and amends the New York City Human Rights Law (NYCHRL).  This bill, like many other "Ban the Box" bills across the country, prohibits any employers from inquiring about a job applicant's criminal history before extending a conditional offer of employment. Employers are prohibited from not only asking an applicant criminal questions, but also prohibited from searching publicly available sources to obtain information about an applicant's criminal history (criminal background checks) until after a conditional offer of employment.

New York City joins many other cities, states and counties across the country with similar bills for employers including:  Baltimore, MD; Buffalo, NY; Chicago, IL; Columbia City, MO; Hawaii; Illinois; Massachusetts; Minnesota; Montgomery County, Maryland; Nebraska; New Jersey; Oregon (January 1, 2016); Prince George's County, MD; Philadelphia, PA; Rhode Island; Rochester, NY; San Francisco, CA; Washington State, and Washington D.C.  

Prohibited Inquiries

This bill prohibits any employer:

1. To declare, print or circulate; or cause to be declared, printed or circulated any solicitation, advertisement or publication, which directly or indirectly expresses any limitation or specification in employment based on a person's arrest or criminal conviction
    
2. Including an  employment agency to issue any solicitation, advertisement or publication that states, either directly or indirectly, any employment limitations or requirements based on a person's history of arrests or criminal convictions
    
3. To make any inquiry or statement related to the pending arrest or criminal conviction record of any person who is in the process of applying for employment with such employer or agent until after the employer or agent has extended a conditional offer of employment to the applicant.  The bill defines for temporary agency employers a conditional offer of employment to be extended when the individual is placed in the temporary help firm's general candidate pool. An inquiry under this bill includes any question communicated to an applicant in writing or otherwise, or any searches of publicly available records or consumer reports that are conducted for the purpose of obtaining an applicant's criminal background information.

What is Permissible:

AURICO WEBINAR: THE REAL DEAL ON FORM I-9

Aurico will be hosting an upcoming Webinar on Form I-9 on Thursday, October 29th at 1:00pm CST.  The Webinar will focus on the following topics:

• Common mistakes made while completing the Form I-9 
• Completing an I-9 on a new hire before they start working for pay
• When and how to use the various Form I-9's
• Understanding the recent changes and updates in E-Verify
• Federal and state perspective on E-Verify

REGISTER HERE to secure your seat for this informative presentation on Form I-9.

Aurico Debuts on Workforce Magazine’s Annual Hot List of Leading Background Checking Providers

Aurico is proud to announce it has made the Workforce Magazine’s 2015 annual “Hot List” of the nation’s top background check providers. Workforce Magazine’s “HotList” features a list of the leading HR products and services providers. This renowned publication is also known for publishing the Optimas Awards, Game Changers Awards, and the Workforce 100 List.  This is the first year Aurico has made the list.

New York City Issues Guidelines on Credit Restriction Regulation

New York City issues interpretative guidelines on their credit restriction law “Stop Credit Discrimination Employment Act”. New York City employers should review these guidelines :

NOTE: Portions of this guide will be subject to future rulemaking pursuant to the City Administrative Procedure Act, N.Y. City Charter § 1041 et seq.

The New York City Human Rights Law (hereinafter the “NYCHRL”) prohibits discrimination in employment, public accommodations, and housing. It also prohibits discriminatory harassment and bias-based policing by law enforcement.

The NYCHRL, pursuant to the 2005 Civil Rights Restoration Act, must be construed “independently from similar or identical provisions of New York state or federal statutes,” such that “similarly worded provisions of federal and state civil rights laws [are] a floor below which the City’s Human Rights law cannot fall, rather than a ceiling above which the local law cannot rise.”1

National Labor Relations Board Decision on Browning-Ferris

Will the National Labor Relations Board Decision on Joint-Employer Status (Board Decision on Browning-Ferris Industries of California) change the test on joint employer relationships? 

The National Labor Relations Board (NLRB) issued a much awaited decision on August 27, 2015 on the Browning-Ferris Industries of California case that greatly broadens the definition of who is a joint employer.  NLRB’s decision on the newly expanded test held that two or more, otherwise unrelated employers, may be found to be a joint employer of the same employees under the NLRA (Act), if they share or co-determine those matters governing the essential terms and conditions of employment. In determining whether a putative joint employer meets the standard, the initial inquiry is whether there is a common-law employment relationship with the employees in question.  If this common-law employment relationship exists, the inquiry then turns to whether the putative joint employer possesses sufficient control over employee’s essential terms and conditions of employment to permit meaningful collective bargaining.  This decision affects both unionized and non-union companies and even entities that have no employees on their own.  The decision has broad implications for other employment laws and governmental agencies such as the DOL, EEOC and OSHA.  

Who May Be Impacted?

Aurico Makes the Inc. 5000 Honor Roll

Aurico has been named to the prestigious Inc. 5000 list of fastest growing private companies as a five-time honoree. Besting its previous four rankings, Aurico has placed number 2610 in this year’s elite list of top entrepreneurs.  The Inc. magazine’s annual Inc. 500|5000 list recognizes the nations’ fastest-growing, privately-held companies by revenue. Aurico's remarkable 141% growth over the past three years is reflective of the company’s strict compliance with industry reporting standards and its dedication to remain the front-runner in technology advancements through its innovative WebACE™ platform. Of the companies that made the list, Aurico Reports ranks 117th in the state of Illinois, and 114th in the Chicago area.

To read the full press release, click here.

FTC Issues a Guide to Security for Businesses

Posted In the FTC¹

The Federal Trade Commission (FTC) recently issued a guide, Start with Security: A Guide for Business, which is designed to provide businesses with guidance and steps to implement to protect Personal Identifying Information.  There are ten lessons listed below from the guide that organizations could easily implement.

1. Start with security

From personal data on employment applications to network files with customers’ credit card numbers, sensitive information pervades every part of many companies. Business executives often ask how to manage confidential information. Experts agree on the key first step: Start with security. Factor it into the decision making in every department of your business – personnel, sales, accounting, information technology, etc. Collecting and maintaining information “just because” is no longer a sound business strategy. Savvy companies think through the implication of their data decisions. By making conscious choices about the kind of information you collect, how long you keep it, and who can access it, you can reduce the risk of a data compromise down the road. Of course, all of those decisions will depend on the nature of your business. Lessons from FTC cases illustrate the benefits of building security in from the start by going lean and mean in your data collection, retention, and use policies.