Total Articles: 9
Massachusetts Commission Against Discrimination on New Criminal Background Check Law.
Massachusetts’ new law on criminal offender record information (“CORI”) bans the use of questions about criminal history on an “initial written application” for employment. This ban became effective November 4, 2010. The Massachusetts Commission Against Discrimination (MCAD), charged with enforcement, has issued a Fact Sheet on how it intends to enforce the law. While the Fact Sheet does not have the force of a regulation or law, it provides valuable guidance for employers.
Massachusetts Employers Alert: New Law Impacts Application Process
Effective November 4, 2010, employers in
Massachusetts may no longer inquire into an
applicant’s criminal background on an initial
employment application. Employers may still,
however, request information regarding an
applicant’s criminal history at any point later in the
application process. Only employers that, under
federal or state law, are barred from hiring employees
with criminal backgrounds for specifi c jobs are
exempt from Massachusetts’ new prohibition.
Recent Amendment To Massachusetts Law Regarding Personnel Records Places New Affirmative Obligation On Employers.
On August 5, 2010, Governor Deval Patrick signed into law "An Act Relative to Economic Development Reorganization" (M.G.L. c. 240, §1, et. seq.), with a stated purpose of providing a business-friendly environment, stimulating job growth, and coordinating economic development activities funded by the Commonwealth. Buried within the Act is a significant amendment to the Massachusetts Personnel Records Statute (M.G.L. c. 149, § 52C). The amended statute, which became effective immediately, now requires that employers provide notice to employees every time certain negative information is placed in their personnel files. This affirmative notice obligation is in stark contrast to prior law, which only required that employers allow employees to review their personnel records at the employee's request.
Massachusetts CORI Amendments Require Employers to Take Close Look at Job Application Process.
On August 6, Governor Deval Patrick signed into law a bill making significant changes to the Massachusetts Criminal Offender Record Information (CORI) law. The new law is extensive and contains changes to all aspects of CORI and the state’s mandatory sentencing laws. One of the underlying purposes of the new law is to help rehabilitate people with criminal records by making it easier for them to return to the workplace, while at the same time, encouraging employers to hire them. In order to fulfill that goal, the new law offers protection for employers that rely on criminal record information, limits the information employers can access, and gives specific rights to job applicants with criminal records.
New Law Restricts Ability Of Massachusetts Employers To Ask About Criminal Convictions.
On August 6, 2010, Governor Deval Patrick signed into law legislation which overhauls the Commonwealth's Criminal Offender Record Information (CORI) law. Currently, the Massachusetts Fair Employment Practices Law prohibits employers from asking questions of job applicants about arrests that do not result in convictions and convictions for certain misdemeanors, but allows questions about felony convictions and about misdemeanor convictions not protected from disclosure.
New Massachusetts Law Regarding Criminal Background Checks
On August 6, 2010, Governor Deval Patrick signed legislation that will overhaul the Massachusetts Criminal Offender Record Information (CORI) system. This new law will have important implications for Massachusetts employers and out-of-state employers seeking to hire Massachusetts employees.
Reminder: March 1, 2010 Deadline for Massachusetts Information Security Regulations Compliance.
After several extensions and revisions over the course of 2009, Massachusetts will begin enforcing the March 1, 2010 compliance deadline for its regulations aimed at curbing identity theft—201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth. The regulations contain standards for how personal information of Massachusetts residents must be protected and can be found here. In short, if you own, license, store, maintain or otherwise receive personal information of Massachusetts residents in connection with your business, the time is long overdue to review your information security policy to ensure your company is in full compliance with the regulations by March 1.
Massachusetts Data Privacy Law – Compliance Deadlines Nearing.
In the wake of the highly publicized theft of massive amounts of confidential customer information, Massachusetts enacted comprehensive data security legislation intended to prevent unauthorized access to such information. The Office of Consumer Affairs and Business Regulation (OCABR) has since issued detailed regulations implementing the legislation. Compliance with these regulations is now required by March 1, 2010.
Employer Not Liable for Injuries Caused by Intoxicated Employee.
A state appellate court recently ruled that an employer is not liable for the injuries caused by a drunk driving accident involving one of its workers. According to the Massachusetts Appeals Court, although the worker became intoxicated while meeting with his supervisor at a restaurant, his employer did not have a duty of care under a theory of employer host liability.
