Louisiana Background Check
Employers across Louisiana run background screenings on prospective employees so that they can make the right hiring choices. An exhaustive, thorough and legally-compliant Louisiana background check can assist employers locate trustworthy, secure and competent employees.
Conducting background checks prior to hiring within Louisiana should be a routine element of the hiring process. Louisiana background checks can assist your company protect its bottom line, and also increase productivity and ensure safety at work.
If conducting background screening in Louisiana to hire employees You are required to adhere to the rules and laws which regulate the procedure. If you fail to do so the law, your business could face penalties, fines, and even lawsuits.
Compliance to the laws that govern screenings for pre-employment in Louisiana requires you to be able to access extensive and reliable sources, in addition to an understanding of the applicable laws.
We are The Koleman Group LLC, we conduct thorough, precise current, conforming to the requirements of FCRA. Louisiana background check-ups for companies throughout the state comprising New Orleans, Shreveport, Baton Rouge, Lafayette, and more.
Based on our experience in conducting pre-employment background checks, we've put together this guideline for employers to follow to conduct background check in Louisiana.
Let's get started.
Louisiana Employment Background Check Laws: A Full Summary
Louisiana employers need to be aware of the local, state as well as federal regulations that regulate the kinds of information that consumer reporting agencies are able to collect and report, as well as what the pre-employment background check information can be employed by employers to make hiring decisions.
If CRAs or employers don't follow the laws, they could be subject to fines and legal responsibility.
The most important laws that apply to background checks for pre-employment in Louisiana are listed below.
Federal Employment Background Checks Laws
On the national level at the federal level, the two main laws that regulate Louisiana background checks for employees are those of the Fair Credit Reporting Act (FCRA) and Title VII of the 1964 Civil Rights Act. These two laws affect employers as well as CRAs throughout the state.
The FCRA was adopted in 1970, and was designed to protect consumer information that is collected and provided by CRAs. The law limits the kinds of information that CRAs are able to provide and regulates the way employers make use of certain kinds of information that are revealed during background checks before hiring.
CRAs aren't allowed to publish information on arrests that do not lead to convictions more than seven years old. The seven-year lookback period also prohibits CRAs from not reporting information longer than seven years old, for example, information on civil judgments and civil lawsuits collections accounts, and bankruptcy filings.
There is an exception to the salary cap which is included in the FCRA to extend the look-back period. The time limits don't apply to jobs with salaries of minimum $75,000. The seven-year time frame is not applicable for criminal cases. Criminal convictions can be reported by CRAs regardless of the date they took place.
It is important to note that the FCRA does not prohibit the disclosure of other kinds of information that are important, such as the educational background, employment history or professional credentials of potential applicants.
Louisiana employers who intend to conduct background checks before hiring must give advance notice to applicants in written form. The applicant must give an explicit written consent prior to the pre-employment background check in Louisiana can be carried out.
If negative information is discovered in an employment background check report, employers are required to adhere to the FCRA's adverse action procedure before making a hiring choice using the information.
Title VII of the 1964 Civil Rights Act prohibits discrimination in the context of protected traits of employees and applicants. The law is applicable to every aspect of employment that includes recruiting process, interviewing, and hiring procedures. It is the Equal Employment Opportunity Commission (EEOC) is the body that implements Title VII.
Title VII applies to pre-employment background checks which reveal Louisiana criminal information. Employer guidance provided by EEOC suggests that employers look over conviction records and how they pertain to the job that the employers are seeking applicants before accepting an applicant based upon the criminal history information.
Louisiana Employment Background Check Laws
Employers in Louisiana are subject to a variety of restrictions that they must adhere to, which go in addition to the requirements under The FCRA in addition to Title VII.
Under La. R.S. 23:897, employers are not permitted from requiring applicants to pay the cost of background checks, fingerprints and drug tests or medical tests that are required to make hiring decision-making. Employers who do not comply with this law can be penalized $100 or receive prison sentences for up to three months.
Employers are not allowed to ask employees or applicants for their social media accounts or passwords to their personal online accounts or usernames under the La. R.S. 51:1953. However, they may request passwords or usernames to gain access to devices provided by employers.
Under La. R.S. 42:1701, state agencies can't request information about criminal background information included on their application. They cannot also inquire about information regarding criminal history until after applicants have been interviewed or their conditional job offers are extended.
Employers of the public sector who are located in New Orleans may not conduct checks on criminal records of applicants until they have been interviewed in accordance with Policy Memorandum No. 129.
In the year 2018 The city of New Orleans also passed a ban-the-box ordinance which applies to firms who have contracts with city officials. They aren't allowed to inquire about applicants' criminal history in their applications. They are also not able to ask about this kind of information until the applicant has been interviewed at minimum once.
The former New Orleans mayor Mitch Landrieu issued Executive Order MJL 17-01 in 2017. In this order, city employers are barred from asking about applicants' salary history .
What's on the Background Checks within Louisiana?
Background checks prior to employment in Louisiana are able to include the maximum amount of information permitted by law, contingent on the screening service's capability and resources to gather information about the background of candidates. We at The Koleman Group LLC, we provide a wide range of background checks for employment background check reports, allowing employers to customize their reports to include particular types of information they require.
Many employers in Louisiana require criminal history details, past employment verification as well as education verification such as a copy of an official high school diploma or degrees, or certificates.
Here's what you can expect to find on these kinds of documents.
If a person has a criminal background it will show the number of the criminal case, charge, whether the offense was a misdemeanor, or felony, the disposition date and the sentence.
Employment verification permits you to verify an applicant's job record. The process of requesting this kind of information will allow employers to verify what they have heard from their applicants and ensure that they're honest and experienced.
If you ask for employment verification reports, you'll find every employer with whom the applicant worked, as well as his or her date of employment for each employer, as well as the titles that the employee has been awarded. This kind of report can aid you in avoiding claims for negligent hiring.
Education and Professional Credentials
Reports on education verification allow you to verify that the applicant meets the required education to be considered for the position. This kind of report will include all the schools that the applicant attended, along with date of attendance, as well as any degrees, diplomas, or certificates he has received.
Professional credentials checks enable you to verify whether the applicant is licensed needed to perform certain kinds of work. This will help you ensure that you employ competent and reliable employees.
How far back does an Background Check go to Louisiana?
The seven-year period of look back under the FCRA is a part of the way to limit the length of time Louisiana background checks are able to go. Information on arrests that do not result in convictions and civil suits, civil judgements and liens, collection accounts and bankruptcies longer than seven years old can't be recorded.
If you're offering positions that pay minimum $75,000 annually The FCRA's time limits are not applicable.
Information about convictions is available regardless of the age. Other types of information like employment history, educational background, and professional credentials are also available to be reported regardless of what age the data may be.
How do I get an Background Checks in Louisiana
Employers who are located in Louisiana are able to request criminal history data from Louisiana State Police by registering online and submitting an LA State Police background check request. Employers can obtain background check requests by sending formal written forms and requests for authorisation for the Bureau of Criminal Identification at the address below:
Bureau of Criminal Identification and Information
P.O. Box 66614 #A-6
Baton Rouge, LA 70896-6614
Health care professionals licensed by the state must perform background checks before hiring non-licensed applicants as well as licensed ambulance personnel.
The information you request from the state won't provide information about convictions in other jurisdictions. The types of checks you can request are also not able to include pertinent background information regarding the applicants' previous employment or educational background, qualifications and more.
Certain employers try to conduct background checks on their own by sending requests to multiple institutions, agencies as well as past employers. It can take a long time and could not provide all the necessary information.
The most effective method to conduct Louisiana background checks on employees is to collaborate with a trusted professional, knowledgeable as well as FCRA compliant background check provider like The Koleman Group LLC.
Pre-employment background check reports in Louisiana are accurate, up-to-date and complete and fully in line with all laws in force. We also provide many other tests and services prior to employment which include drug tests.
What is the cost of an Investigation Price within Louisiana?
If you request for an background check to the Louisiana State Police You must pay an amount of $26 for each report. The information provided will be restricted only to Louisiana criminal history and won't include criminal convictions in other states, or information regarding the applicant's prior job or educational background.
There are websites online offering the possibility of a no-cost Louisiana background check. Do not trust such websites to conduct background checks prior to employment. These sites typically provide inaccurate and insufficient information that isn't in accordance to the FCRA. If you depend on these types of sites you could be liable for the possibility of being sued.
It is recommended to choose a reliable service that is in compliance in accordance with FCRA and all applicable laws such as The Koleman Group LLC. We have affordable rates and provide legal, reliable complete reports swiftly.
You can choose from a variety of options at different price points through The Koleman Group LLC. If your company is expected to purchase 50 or more background checks each year and you want to take advantage of our massive discounts for large orders. Contact us today to receive no-obligation, no-cost quotes.
What is the time it will take to get an Background Check done on a person located in Louisiana?
The length of time you'll be waiting to receive those preliminary background check reports will depend on the way you handle these checks.
If you attempt to gather information on your own , by soliciting information to various state agencies or employers as well as education institutions, the process could take some time. For instance it is the Louisiana State Police says that it could take up to 21 days to process a background check request. 21,7 days complete the fingerprint-based background check request.
Working together with The Koleman Group LLC for background checks prior to employment is the most efficient way of gathering the necessary information to make hiring decision. If you choose to partner with us, we will deliver the pre-employment background check reports in just a few hours.
The Koleman Group LLC is your trusted partner for Fast and Accurate Compliant Louisiana Background checks
In Louisiana the state of Louisiana, it is vital to conduct FCRA-compliant background screening that are complete and accurate for the applicants you are screening. But, conducting background checks prior to employment that provide the kind of information required will require the ability to access reliable databases as well as the resources needed to collect the required information in a timely manner.
If you choose to work together with The Koleman Group LLC, you will benefit from our expertise and resources as well as access to reliable and up-to-date databases. We are able to quickly collect relevant background information to allow you to make informed hiring choices.
Our employees are trained in depth in the most current methods associated in conducting background checks prior to employment and any changes to the relevant laws that occur. This comprehensive training helps them understand the way they collect and analyze crucial background information to ensure they can comply in accordance with FCRA and other applicable laws.
We are devoted to our customers and aim to make the screening process as straightforward as it is for the candidates. We are based in the United States and we do not outsource our hiring background check services, helping us safeguard your personal information.
Get in touch with The Koleman Group LLC now to learn more about our offerings and get a no-cost consultation.
Disclaimer: The materials provided on this site are intended for educational use only and do not provide legal advice. Contact your attorney should you have any legal questions regarding your particular practices and compliance with the applicable laws.
Written on 2021-02-01 17:36:57 by larry coleman