Monitoring - As your partner in compliance, we wanted to alert you to two recently passed laws that may impact your background screening and hiring processes.
Los Angeles County, California
Effective September 3, 2024, Los Angeles County’s new Fair Chance Ordinance (FCO) will require extensive review by impacted employers. The FCO applies to employers with five (5) or more employees regardless of location, including any entity/agent that evaluates criminal history on behalf of an employer, whenever the employee will work within the unincorporated areas of Los Angeles County at least two (2) hours on average each week. Both applicants and employees are covered.
To review the unincorporated areas of Log Angeles County, please visit: https://ceo.lacounty.gov/wp-content/uploads/2018/08/Unincorp-Alpha-Web.pdf
At a high-level, the FCO impacts the following areas:
• Specific written notice required – content outlined in the FCO could be incorporated into a conditional offer letter, but we recommend consultation with qualified legal counsel before proceeding.
• Among other items, convictions that arose out of conduct that has since been decriminalized cannot be considered.
• Detailed requirements around pre-adverse and final adverse action notices, along with written individualized assessments. Adverse action notices must be sent by mail and email (if an email address is available).
o Similar to California’s statewide law, the notice period begins following a date of receipt period with one key difference. The waiting period cannot begin until the notice is received based on the mailing time period (ex. 5 calendar days for mail sent to CA addresses).
• Job advertisements language, posting requirements, record retention obligations are all included in the FCO.
Further details may be found here:
Blog – https://www.asurint.com/resource-center/blog/may-2024/los-angeles-county-passes-fair-chance-ordinance
Ban the Box – https://go.asurint.com/ban-the-box-state-guide
50 State Guide – https://go.asurint.com/50-state-guide-background-checks
Department of Economic Opportunity FAQ - https://opportunity.lacounty.gov/wp-content/uploads/2024/03/FCO-FAQ-Final-Updated-with-Recommendations.pdf
Asurint is currently working on sample pre-adverse and final adverse action letters, while also evaluating any system-required changes to accommodate these unique adverse action requirements. We will share more in the coming weeks.
Lehigh County, Pennsylvania
Effective June 1, 2024, employers with any employees in Lehigh County must be aware of a new anti-discrimination ordinance. The ordinance establishes several protected classes and impacts criminal history checks.
Employers cannot ask about criminal history on an employment application or require disclosure of such information until after an initial interview. Employers are prohibited from considering conviction record which do not relate to an applicant’s suitability for employment.
The ordinance also prohibits employers from inquiring into a job applicant’s salary history from any previous or current employment.
For more information, please visit our blog: https://www.asurint.com/resource-center/blog/may-2024/new-lehigh-county-anti-discrimination-ordinance-impacts-employers.
Based on the ordinance’s requirements, Asurint does not plan to change any system functionality or sample letters, but we do encourage you to consult with qualified legal counsel.
May 14, 2024 - 17:01 EDT
Los Angeles County, California
Effective September 3, 2024, Los Angeles County’s new Fair Chance Ordinance (FCO) will require extensive review by impacted employers. The FCO applies to employers with five (5) or more employees regardless of location, including any entity/agent that evaluates criminal history on behalf of an employer, whenever the employee will work within the unincorporated areas of Los Angeles County at least two (2) hours on average each week. Both applicants and employees are covered.
To review the unincorporated areas of Log Angeles County, please visit: https://ceo.lacounty.gov/wp-content/uploads/2018/08/Unincorp-Alpha-Web.pdf
At a high-level, the FCO impacts the following areas:
• Specific written notice required – content outlined in the FCO could be incorporated into a conditional offer letter, but we recommend consultation with qualified legal counsel before proceeding.
• Among other items, convictions that arose out of conduct that has since been decriminalized cannot be considered.
• Detailed requirements around pre-adverse and final adverse action notices, along with written individualized assessments. Adverse action notices must be sent by mail and email (if an email address is available).
o Similar to California’s statewide law, the notice period begins following a date of receipt period with one key difference. The waiting period cannot begin until the notice is received based on the mailing time period (ex. 5 calendar days for mail sent to CA addresses).
• Job advertisements language, posting requirements, record retention obligations are all included in the FCO.
Further details may be found here:
Blog – https://www.asurint.com/resource-center/blog/may-2024/los-angeles-county-passes-fair-chance-ordinance
Ban the Box – https://go.asurint.com/ban-the-box-state-guide
50 State Guide – https://go.asurint.com/50-state-guide-background-checks
Department of Economic Opportunity FAQ - https://opportunity.lacounty.gov/wp-content/uploads/2024/03/FCO-FAQ-Final-Updated-with-Recommendations.pdf
Asurint is currently working on sample pre-adverse and final adverse action letters, while also evaluating any system-required changes to accommodate these unique adverse action requirements. We will share more in the coming weeks.
Lehigh County, Pennsylvania
Effective June 1, 2024, employers with any employees in Lehigh County must be aware of a new anti-discrimination ordinance. The ordinance establishes several protected classes and impacts criminal history checks.
Employers cannot ask about criminal history on an employment application or require disclosure of such information until after an initial interview. Employers are prohibited from considering conviction record which do not relate to an applicant’s suitability for employment.
The ordinance also prohibits employers from inquiring into a job applicant’s salary history from any previous or current employment.
For more information, please visit our blog: https://www.asurint.com/resource-center/blog/may-2024/new-lehigh-county-anti-discrimination-ordinance-impacts-employers.
Based on the ordinance’s requirements, Asurint does not plan to change any system functionality or sample letters, but we do encourage you to consult with qualified legal counsel.
May 14, 2024 - 17:01 EDT
Update - Please review the link below for the most up-to-date court delays.
https://go.asurint.com/CourtClosures
Apr 29, 2024 - 09:57 EDT
https://go.asurint.com/CourtClosures
Apr 29, 2024 - 09:57 EDT
Update - We are continuing to monitor for any further issues.
Jun 13, 2023 - 09:24 EDT
Jun 13, 2023 - 09:24 EDT
Monitoring - Please see the link below for an updated list of court status delays and closures as of June 13th.
https://go.asurint.com/CourtClosures
Jun 08, 2023 - 09:24 EDT
https://go.asurint.com/CourtClosures
Jun 08, 2023 - 09:24 EDT
Monitoring - We continue to monitor our background screening operations in Los Angeles County. We will provide updates as they become available.
Apr 29, 2024 - 12:08 EDT
Apr 29, 2024 - 12:08 EDT
Update - On February 23rd, Los Angeles County removed the date of birth search field from its website and Public Access Terminals, throwing a wrench into background screening operations in the most populous county in the U.S.
Our court runner partners have mobilized an all-hands-on-deck approach to address the changes. We created a task force with members of our senior leadership team and local LA researchers to continue to analyze how this change will impact screening in this area. As of today our court partners have visited 31 courthouses within the county, conducting rigorous testing of court terminals and engaging in in-depth discussions with court personnel to fully understand the situation and explore potential solutions.
• LA County has officially removed the ability to perform searches based on date of birth, limiting us to name-based searches only.
• Every court clerk we spoke with would not verify any personal identifying information (PII).
• While case copies can be requested, the courts have limited bandwidth to process them, and the process varies from court to court.
• Processing times vary significantly, ranging from immediate fulfillment to several weeks. We expect delays to worsen with increased requests.
Most courts restrict daily individual requests to just 5 case copies, making it inefficient and not scalable. This is a complex issue, and finding a long-term solution will take time. We are investigating any and all avenues to determine effective and compliant solutions. We understand others may claim quick fixes, but care should be taken that such claims: are legitimate, lawful, and compliant, do not increase risk to your organization and your customers and are scalable long-term solutions.
We're dedicated to finding effective ways to navigate this challenge. We've already implemented technology and data-driven solutions and we're continuing to seek further improvements.
If you have any questions, please do not hesitate to reach out to Asurint’s Client Support Team.
Mar 01, 2024 - 18:05 EST
Our court runner partners have mobilized an all-hands-on-deck approach to address the changes. We created a task force with members of our senior leadership team and local LA researchers to continue to analyze how this change will impact screening in this area. As of today our court partners have visited 31 courthouses within the county, conducting rigorous testing of court terminals and engaging in in-depth discussions with court personnel to fully understand the situation and explore potential solutions.
• LA County has officially removed the ability to perform searches based on date of birth, limiting us to name-based searches only.
• Every court clerk we spoke with would not verify any personal identifying information (PII).
• While case copies can be requested, the courts have limited bandwidth to process them, and the process varies from court to court.
• Processing times vary significantly, ranging from immediate fulfillment to several weeks. We expect delays to worsen with increased requests.
Most courts restrict daily individual requests to just 5 case copies, making it inefficient and not scalable. This is a complex issue, and finding a long-term solution will take time. We are investigating any and all avenues to determine effective and compliant solutions. We understand others may claim quick fixes, but care should be taken that such claims: are legitimate, lawful, and compliant, do not increase risk to your organization and your customers and are scalable long-term solutions.
We're dedicated to finding effective ways to navigate this challenge. We've already implemented technology and data-driven solutions and we're continuing to seek further improvements.
If you have any questions, please do not hesitate to reach out to Asurint’s Client Support Team.
Mar 01, 2024 - 18:05 EST
Investigating - We have been made aware that effective close of business February 23, 2024, the Superior Court of Los Angeles County will no longer include the month and year of birth as criteria in its criminal name search engines.
We are actively investigating to understand the impact to criminal background fulfillment and any possible changes needed.
Please expect delays in background screening beginning 2/26/2024.
Feb 21, 2024 - 14:47 EST
We are actively investigating to understand the impact to criminal background fulfillment and any possible changes needed.
Please expect delays in background screening beginning 2/26/2024.
Feb 21, 2024 - 14:47 EST
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July 2024 Monthly System Maintenance
Jul 28, 2024 20:00-22:00 EDT
We want to make you aware that this Sunday July 28th from 8:00pm - 10:00pm, we will be performing scheduled monthly maintenance to our systems. You may experience intermittent service outages during this time.
Posted on Jul 25, 2024 - 22:41 EDT
Posted on Jul 25, 2024 - 22:41 EDT
August 2024 2.0 Asurint Platform Maintenance
Aug 1, 2024 21:00-23:00 EDT
We want to make you aware that this August 1st from 9:00 PM - 11:00 PM EDT, the Asurint team will be performing scheduled maintenance. You may experience intermittent service outages during this time while we make enhancements to our platform to better serve you.
Posted on Jul 23, 2024 - 17:00 EDT
Posted on Jul 23, 2024 - 17:00 EDT