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BRB Public Record News
New Law - Maryland Employers and Social Networks
Maryland officially became the first state to pass legislation to prohibit employers from asking job applicants for their passwords to social network sites. House Bill 964 (cross filed with Senate Bill 433) prohibits the following:
-an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices;
-an employer from taking, or threatening to take, specified disciplinary actions for an employee's refusal to disclose specified password and related information;
-an employee from downloading specified information or data; etc.
The bill, signed by Governor O'Malley on May 2, 2012, is scheduled to take effect on October 1, 2012 and is viewable at http://mlis.state.md.us/2012RS/billfile/HB0964.htm.
Per several news reports, Illinois and California also are close to passing similar legislations. And U.S. Senators Chuck Schumer (D-NY) and Richard Blumenthal (D-CT) have formally requested that the U.S. Attorney General look into the legalities of this practice by employers.
New Oregon Driving Record System Pushed Back Several Months
In late 2011, the Oregon Department of Administrative Services (DAS) signed an agreement with NIC, Inc. (www.egov.com) which enabled NIC to provide E-Government services on behalf of Oregon State Agencies. This includes electronic access to Oregon driving records by approved entities. It was hoped that the changeover would occur in early April 2012. However, it now appears as if will be late May or June 2012 before the new system will be implemented. The fee for an electronic driving record will increase to $9.68.
Note: No other DMV records are affected by the transition and fee increase. Until the new system is operational, qualified customers may still access Oregon driving records via the real time connection through AAMVAnet.
Maryland Increases Validity Period for Driver License Documents
The validity period for drivers 21 or older is changing effective Oct 1, 2012. Until that date license expiration occurs on birth day and month of 5th year; after that date the period expires on birth day and month of 8th year. If the driver is under 21, the period still expires 60 days after the 21st birthday.
New EEOC Guidance
The Equal Employment Opportunity Commission's (EEOC) recently released an updated policy on employer's use of criminal records. If you are involved with the hiring process at your place of employment or if you are part of a consumer reporting agency, you are likely already aware of these new suggested standards. Many professional trade associations connected with employment groups or with background screening have issued clarification and guidance advice. But if you are not aware of these new guidelines, below is a very brief summary.
The mission of the EEOC is to prohibit discrimination in the workplace.
The EEOC does not create regulations or laws; the EEOC interprets and enforces them.
The EEOC's updated policy on the use of criminal records by employers released on April 25, 2012 is the first formal guidance it has issued in 20 years on this subject.
The new guidance is part of an effort to control employment practices that would limit job opportunities for minorities who have higher arrest and conviction rates than non-minorites.
The guidance is found at www.eeoc.gov/laws/guidance/arrest_conviction.cfm
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