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

In West Virginia, employers are required to comply with wage and hour laws in order to protect the rights of all employees. As part of this, employers must conduct background checks for potential employees. According to West Virginia Code § 21-5-4a, employers are required to conduct a background check on all potential employees. Employers must request the applicant’s Social Security Number and date of birth, then use this information to obtain a criminal history from the West Virginia State Police, or an equivalent state or federal criminal history repository. Background checks are to include any felony convictions, serious misdemeanors, and any pending charges that may arise in the future. Background checks are limited to the most recent seven-year period. Additionally, employers must provide an applicant with notice that their background check will be conducted before any decision is made regarding the potential employment. The notice should include details on the scope of the background check and how the information will be used. The employer must also provide the applicant with information on how to correct any inaccuracies found in the background check. Finally, employers must ensure that background checks are conducted in a manner that complies with all applicable state and federal laws, such as the Fair Credit Reporting Act, which prohibits employers from using certain information for discriminatory purposes. Employers should also ensure that background checks are conducted with the utmost fairness and accuracy in order to protect all of their employees’ rights.

Related FAQs

What rights do employees have under the Fair Labor Standards Act (FLSA)?
What are the laws regarding the payment of bonuses?
What is the difference between a salaried and an hourly employee?
What are the restrictions on working hours for minors?
Are employers allowed to pay employees differently based on their job duties?
What is the difference between a collective bargaining agreement and a wage and hour law?
Are there any exceptions to minimum wage laws?
What are the requirements for shift differentials?
Are employers required to pay double time for work on holidays?
Is it legal to pay workers working abroad different wages than domestic workers?

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

Related FAQs

Related Blog Posts