When it comes to effective hiring, employers often find themselves caught in the middle of competing laws. On one hand, a single bad hire can result in a legal and financial nightmare, including lawsuits for negligent hiring, unqualified employees, loss of business, and even workplace violence. At the same time, employee selection and background screening has become increasingly regulated by new state and federal legislation as a result of litigation over allegedly illegal practices. Consequently, employers must carefully navigate through the hiring and screening process to not only avoid bad hires, but also prevent legal action by ensuring an applicant’s rights were not violated. For example, an increasing number of states, counties, and cities have passed “Ban the Box” laws that prohibits asking about an applicant’s criminal record on the initial application. These laws have morphed into Fair Chance hiring laws that go even further in regulating how employers obtain and use criminal records. In addition, the federal Equal Employment Opportunity Commission (EEOC) issued guidance in 2012 that every employer needs to understand before taking criminal records into account.
Another recent development involves laws that prohibit employers from asking about past salary. Salary secrecy laws are intended to combat historic gender pay gaps, so that everyone is treated fairly. However, hiring managers and human resources departments must understand how to correctly implement these laws in their organizations.
In addition, class-action lawsuits under the federal Fair Credit Reporting Act (FCRA), the law that governs background checks, remain a concern for employers. Even with the United States Supreme Court’s recent ruling that may tend to limit claims based on mere technical violations that did not result in harm, any employee who makes hiring decisions must take careful consideration and have an understanding of the law.
Upon course completion, you will be able to describe:
- What every employer needs to know about ban-the-box laws, Fair Chance Hiring Laws, and restrictions on asking about past salaries
- Other laws and best practices that impact hiring, background checks, and due diligence
- How to ensure compliance with the FCRA
- Best practices for compliance with the EEOC guidance on discovering and using criminal records
- The importance of implementing a process for the “Individualized Assessment” of criminal records
- Cutting edge issues such as credit reports, social media, and ongoing criminal checks
Lester S. Rosen
Employment Screening Resources (ESR)
Lester Rosen is the founder and Chief Executive Officer (CEO) of Employment Screening Resources® (ESR), a leading global background check firm located in the San Francisco, California area. He is the author of “The Safe Hiring Manual,” the first comprehensive guide for employment background checks. Mr. Rosen was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) and served as the first chair. He has testified in course as a due diligence expert.
CLE Credits (Law)
| Credit | Value | Type | Format |
|---|---|---|---|
In some CLE states, the course will be submitted to the bar after you register. If for any reason the course is not approved, we will fully refund your registration fee. If a state is listed on this course, then we are confident the course fits that state's standards and already is or will be approved for credit.
HR Credits
| Credit | Value | Type | Format |
|---|---|---|---|
| HRCI | 1.5 |
General |
On-Demand/Recording |
| SHRM | 1.5 | On-Demand/Recording |
What is a webinar?
A webinar is simply a seminar that you attend online. You either watch a live video feed of the speaker or listen to the speaker through your computer, tablet or phone’s audio. You see the speaker’s slides, videos, and other presentation materials on your screen.
Can I ask questions during the webinar?
Yes. During the live webinar, you may submit questions and comments and the speaker will respond verbally. For a recorded webinar, your questions will be emailed to the speaker. You will typically receive a response from the speaker within two business days.
Can I attend using a tablet or smartphone?
Yes. You may attend a webinar using a computer, tablet or smartphone.
If I can’t attend a webinar live, can I view the recording later?
Yes. Shortly after each live program ends, we send all webinar registrants a link to the webinar recording. You can view the recording as many times as you like after the live webinar for up to 12 months.
What is an on-demand webinar?
An on-demand webinar is a previously recorded webinar that you may view at any time after your purchase for up to 12 months.
Can I stop a recorded webinar and start it later at the same point?
You can stop a recording and later log back in and navigate to any point in the webinar. The system will not force you to view the entire recording from start to finish.
Can I listen to recorded webinars on a tablet or smartphone?
Yes. You will be able to listen to any of our on-demand webinars on your computer, tablet, or smartphone.
Do the webinars qualify for Continuing Education Credit?
Almost all of our webinars are approved for continuing education credit, including CLE (in all states), CCB, CPE, HRCI, IRS and SHRM credit. Unlike many providers, we don’t charge you any additional fee to process your credit. If you have specific questions, please call us at 703-372-0550 or contact us.
Can I still receive Continuing Education Credits if I view the webinar recording instead of the live presentation?
In most cases, the answer is yes. Recorded webinars are not eligible for CLE credit in the following states: AR, KS, MS, NE, and RI. In all other jurisdictions, recorded programs are eligible for credit. In addition, CPE credit is not available for recorded webinars. Please note that recorded webinars are only eligible for a certain period of time based on the jurisdiction. To ask about your specific type of Continuing Education Credit or the requirements in your jurisdiction, please call us at 703-372-0550 or contact us.
Will I receive a certificate of completion after the course?
Yes. A certificate of completion will automatically be uploaded to your Clear Law Institute account after completing the live or on-demand webinar.
Do I need to be a member to receive a certificate of completion?
No. An account will automatically be created for you when registering for a webinar. You will then be able to access your certificate of completion after completing a webinar.
How do I determine my states’s CLE requirements.
Please find your state listed here with instructions for calculating the number of credits in your state.
How will I submit my attendance to receive CLE credit in my state?
Please find your state listed here with instructions for confirming your CLE attendance.
How does the money-back guarantee work?
Clear Law Institute stands behind all of its courses with a no-risk, money-back guarantee. If you are not satisfied with the quality of a webinar, we will fully refund your money—no questions asked. If you purchase an annual all-access membership, you can cancel within 14 days for a full refund.
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