Massachusetts Background Check
As a Massachusetts business manager or owner selecting the right people for your business is crucial for your company's success.
If you employ top-quality employees, you'll benefit from faster growth and higher profits while safeguarding your employees' safety. Unfortunately, finding your candidates' names on the internet or asking for their references is not enough to give you the required information.
These checks aren't enough to protect you from issues with employment and possible negligence in hiring.
Conducting a Massachusetts background check for every one of your applicants is the most effective method of ensuring that you make a sound hiring decision. The experts working at The Koleman Group L.L.C. understand how to complete comprehensive, FCRA-compliant background checks.
We've performed hundreds of Massachusetts background checks for employers across the state, including Boston, Worcester, Springfield, Lowell, Cambridge, and many more.
We are aware of all aspects involved in conducting a background check process and providing background checks for employees throughout Massachusetts in a manner that is compliant with all relevant laws.
We have written this guide to provide additional information on background checks for pre-employment within Massachusetts and the relevant requirements.
Massachusetts Employment Background Check Laws: A Full Summary
Employers who are located in Massachusetts must adhere to the relevant federal, state, and local laws regarding background checks before hiring. The laws are frequently updated as new legislation is introduced and courts issue rulings, so it is crucial to stay current.
Federal Laws on Employment Background Checks
The Fair Credit Reporting Act is an expansive federal law that applies to employers in all states. This law, implemented through the Federal Trade Commission, governs how consumer reporting agencies can disclose and share information and how employers can use data they collect from consumers.
The FCRA ensures the confidentiality and integrity of consumer information that consumer reporting agencies hold. Employers must get permission from applicants before conducting background checks as per the rules under the FCRA.
If the information uncovered in the background check report leads you to make an unfavorable hiring decision, the law requires that you go through an exact adverse-action procedure.
Employers should also know about Title VII of the Civil Rights Act of 1964, which the Equal Employment Opportunity Commission has enforced. Under this law, it's unlawful employment discrimination against potential applicants or employees based on protected specific characteristics.
For background checks to be conducted, the EEOC recommends employers be aware when reviewing criminal history data. You must review any criminal history information you find in the background check report individually and regarding your hiring job.
Massachusetts State Laws on Employment Background Checks
Laws in Massachusetts regarding background checks required for employees are very complex. Therefore, it is important to be aware of several laws before writing your business's background check policies and procedures. Background check policies and procedures.
Under M.G.L. ch.93 Section 52, Consumer report agencies (C.R.A.s) are not permitted to disclose criminal history information regarding arrests that date back more than seven years or information on bankruptcies or civil judgments older than 14 years old. However, the time limits of the FCRA over bankruptcies preempt the law and restrict the reporting period to 10 years.
Under M.G.L. ch.93 S.S. 62, employers who decide not to hire applicants based on information from the background report must go through an exact adverse action procedure. The applicant must be informed within ten days by written form, and the notice must contain the name of the C.R.A., its address, and the number of its phone. The notice should also contain information on the rights of the applicant.
The Massachusetts Pay Equity Act prohibits employers from screening applicants by their salary history. This includes a prohibition against asking applicants about their past salary or earnings.
Massachusetts is also home to a ban-the-box law that is found in M.G.L. ch.151-B SS4. This law applies to both private and public employers. It is not possible to inquire about applicants' criminal history on their applications.
Suppose criminal history information is obtained when the background check is completed. In that case, you have to adhere to the adverse action procedure as required by law if you choose not to hire the applicant based upon the information. Therefore, employers should also clearly state the details from the background report upon which they base their negative hiring choices.
What is shown on a Massachusetts Background check?
Conduct the job background check in Massachusetts. The information you collect could be as thorough as you want, contingent on the screening firm's capabilities and resources to gather relevant information.
The majority of employers in Massachusetts require a handful of key kinds of information, such as criminal records, employment history, and education qualifications. Based on the company you work for, you may also ask for additional types of information, like driving records and social media check-ups, and more.
If a candidate is reported as having criminal record information, You'll see the below types of information:
- Case number
- Date of arrest
- The disposition of the case
- Disposition date
- The severity of the charge (felony or misdemeanor)
- Sentencing information
Some applicants overstate their work history on the application for jobs. If you are requesting employment verification from The Koleman Group L.L.C., your report will contain the names of every employer that the applicant has worked. It will also include the date of the employee's appointment at each employer and the titles of jobs the employee was employed with.
Verifying this information will ensure that you hire competent candidates and avoid negligence-related legal claims.
If your business needs to recruit workers with specific certifications or degrees, verification of education will allow you to identify competent candidates. The name of the college which your candidate attended, their dates of attendance, as well as any awards or degrees given.
This type of report will help you ensure that you're hiring qualified and reliable candidates.
How Long Does the Employment Background Check go within Massachusetts?
The FCRA has certain restrictions regarding the length of time information is provided on background checks before employment in Massachusetts. According to the FCRA Consumer report, agencies (C.R.A.s) cannot provide information about arrests that have not led to more than seven years old convictions.
There is a salary-cap exemption to the FCRA's time limitations that applies if your job is paid at least $75,000. Other kinds of information subject to the time restrictions of the FCRA include adverse credit and judgment information.
The Koleman Group L.L.C., we adhere to the FCRA and other applicable state laws. Therefore, if you are working at The Koleman Group L.L.C., we won't discover any illegal information on reports of your background check reports.
The time restrictions of the FCRA do not apply to a variety of other types of information, however. So, for instance, there's no limit to details about applicants' educational and employment documents.
How do I get Background Checks in Massachusetts?
Employers located in Massachusetts can request criminal history information using name-based or fingerprint-based searches through the Department of Criminal Justice Information Services. In addition, schools and providers of care can access background check reports through the Department of Early Education and Care's Background Record Check program.
But, these services can only offer a limited amount of information and may not contain the details you require. For instance, you might not get information about criminal records that are not in the state, as well as employment history information and driving records. Neither will you find licensing and educational records using the state-provided services.
The most efficient method for conducting Massachusetts background checks for employment is to work together with The Koleman Group L.L.C. We have access to various databases, which allows us to provide complete, FCRA-compliant, and precise background check reports to our clients.
What does the cost of an F.B.I. background check cost in Massachusetts?
If you request background checks based on names through the government, you'll be charged $25 per check. But, the information you receive might not be correct and may contain information that you cannot utilize for work purposes within the state.
Certain businesses operating in Massachusetts have online services which offer free background checks. These kinds of businesses must be avoided, however. They typically provide untrue and incorrect information, and you could be liable when you trust the information they offer.
If you choose to work in conjunction with The Koleman Group L.L.C., you get comprehensive FCRA-compliant, timely reports at a reasonable cost.
We also provide a variety of other kinds of background check reports that you can select to suit your requirements. If you plan to require over 50 checks each year, please get in touch with us for free estimates. In addition, we offer deep discounts for volume orders.
What is the length of time for Employment Background Checks last to be completed in Massachusetts?
The time it takes to get background check information for your potential employees will be contingent on the method you use to complete them. If you mail a form to the state, it is handled by 15 working calendar days before being returned to you.
It could take a couple of weeks to go through the internet for information, including contacting former employers and obtaining details from the applicant's education institutions without assistance. Furthermore, these methods could not reveal the complete data, which leaves your company exposed.
If you partner together with The Koleman Group L.L.C., you can rest assured that you will get background check reports for your applicants that are thorough and FCRA-compliant.
With our sophisticated capabilities in research and access to a variety of database sources, We are usually capable of completing reports in a short time and help you make faster and better-informed hiring decisions.
The Koleman Group L.L.C. is your trusted partner for Fast, accurate, reliable, and compliant Massachusetts Background Investigations.
To conduct thorough, legally compliant Massachusetts background checks on employment applicants, you'll need access to all records concerning your applicants' relevant criminal history, education and work experiences, credentials as well as other data.
Join forces by partnering with The Koleman Group L.L.C. You'll have access to our vast access to many trustworthy databases, resources, and sources, in addition to our expert team. Our employees are trained to collect and analyze crucial information needed to screen candidates. If you receive reports from us, you'll be assured of the report's accuracy, completeness, currency, and FCRA conformity.
We take care of our client's needs and work to meet or exceed your expectations. We quickly respond to any questions and are ready for any queries you ask during the process.
To set up a no-cost and no-obligation consultation, call The Koleman Group L.L.C. today at 618-398-3900.
Disclaimer: The materials provided in this article are meant to be educational only and are not legal advice. Contact your attorney should you have any legal concerns regarding your particular practices and compliance with applicable laws.
Updated on 2022-08-04 21:33:49 by larry coleman