What are the requirements for conducting background checks on potential employees?

In Louisiana, employers must comply with wage and hour laws when it comes to employee background checks. According to these laws, employers must obtain written consent from applicants before conducting any kind of background check. They must also provide potential employees with a written statement regarding the reasons for the background check and an explanation of the type of background checks that will be done. When it comes to criminal background checks, employers are allowed to access certain records such as arrests, indictments, convictions, and incarcerations. However, employers are not allowed to access juvenile records, records expunged by a court, or records regarding pardons or grants of clemency. Employers are also required to provide potential employees with a list of all the information they will access as part of the background check. This list must include the name and contact information of the consumer reporting agency that will be conducting the background check, as well as the type of information that will be accessed. Finally, employers are not allowed to take any adverse action against a potential employee based solely on the results of a background check. This means that employers must assess each applicant on a case-by-case basis in order to determine whether or not a particular background check should disqualify an applicant from employment.

Related FAQs

What are the requirements for shift differentials?
What are the rules for vacation pay?
When can employers legally ask employees to work off the clock?
What are the rules for tip-pooling?
What types of financial penalties can employers face for violating wage and hour laws?
Are employers allowed to pay tipped employees less than minimum wage?
What are the requirements for providing paid time off?
How is wage and hour law different from labor law?
What rights do employees have under the Fair Labor Standards Act (FLSA)?
What is the difference between a minimum wage law and a living wage law?

Related Blog Posts

What is Wage and Hour Law and How Does it Affect Your Business? - July 31, 2023
What Employers Need to Know About Wage and Hour Law - August 7, 2023
The Basics of Payroll Law and Compliance - August 14, 2023
Compensating Your Employees - Tips for Wage and Hour Law Compliance - August 21, 2023
Understanding Overtime Rules Under Wage and Hour Law - August 28, 2023