Background checks for Alaskan employees 

The ninth circuit ruled on recently released forms.

It is no longer enough to combine Federal-State release forms.

Employers conducting background checks in Alaska, Washington State, Idaho Montana Nevada, Oregon, and Montana should be aware and comply with the ruling.

In Gilberg v. Cal. Check Cashing Stores, LLC, 2019 W.L. 347027 (Ninth Cir. January 29, 2019, Ninth Circuit. A single form that contained nearly identical federal disclosures as well as state disclosures was in violation of both federal and state laws. Employers must now conduct pre-employment background checks that include two separate forms for applicants. These forms are: (1) disclosure under Fair Credit Reporting Act, and (2) disclosure under California’s Investigative Customer Reporting Agency Act.

CLEAR, CONSPICUOUS LANGUAGE

By including release/authorization language related to the required state form, or any other required disclosure or release, the court also ruled that the combination form violated the FCRA because it contained “extraneous information and was as likely to confuse as it was to inform.”

A court ruled that the CheckSmart Financial LLC release document contained language that was difficult for a reasonable person to understand.

This sentence was specifically mentioned by the court as an example. CheckSmart Financial, LLC can obtain consumer reports and investigative consumer reports from any outside organization, immediately or if you are hired, during your employment, to the extent permitted by law.

The court first ruled that the sentence did not adequately explain the nature and purpose of the notice.
It didn’t reveal the possible impact of authorization on the rights and privileges of a potential employee.
The court also cited section following the semicolon.

It was found to lack a subject and incomplete. It could have caused confusion as to the limitations of the authorization.

What can employers do for their employees to be happy?

1. It is best not to combine any other disclosure or release forms

2. Use only stand-alone, easily understood documents

3. Use large fonts, at most 12 points

4. Separate Subjects in the Disclosure Language with bold title headers

5. Avoid using terminology and use plain language

Smart Search Plus(r) Criminal records Background Checks, This is the industry standard.

The applicant also has unlimited access to Federal criminal record repositories in every state where he or she resides for the past 7 years.

It also checks for required county and state criminal records, and a social safety number, address track trace, and multi-state criminal records data searches. It also checks for sex offenders’ records in all 50 states.

This background check is the most popular choice for our clients. For a quick overview of our employment screening services, please see the following.

The impact of state laws on criminal records for employment purposes

Employers and consumer reporting agencies can use the FCRA and EEOC to report criminal records. Potential employers have the option to limit arrest and conviction records according to state laws.

These laws and rules cover everything from asking employers not to ask questions to preventing them from asking.
The employer may place restrictions on arrest records and other questions.
It is crucial to have conviction information when making a job decision.

While some states do not have restrictions on employers, there are protections available for applicants in terms of the information they must provide and how they can use conviction data.

ALASKA
Arrest:
A current Alaska background check is recommended for the most up to date and complete employment screening background check information.

Alaska Admin Office of Courts
This database contains historical and current records of felony and misdemeanor for those who are under the jurisdictional authority the Alaska Court system. Quarterly updates are available with the most current data.

Alaska Sex Offender
Alaska Sex Offender Registry records. Name, address, photo, and date of birth. Date, place, and court of conviction. These data are updated on a monthly basis.
Updated 01/2016

Site map for the Home State Criminal Records Site

National Employment Screening provides professional screening services to employers in Alaska. Our screening services can protect employees and clients from the costly consequences of “Bad Hire”

We provide employment screening services for hospitals, nursing homes, and franchised auto dealers.

We are available in Fairbanks, Sitka, and Nome as well as in all other Alaskan cities.

Alaska employment screening law: Giving Employment References
Referrals must always be made in good faith. If the references are not false, malicious, or recklessly misleading, the employer is not responsible. (Alaska Stat SS09.65.160)

Alaska employment screening: At Will employment Law

Alaska is an employment-at-will state. However, employers must act in good faith. This means that the employer did not make any false representations and that the employment agreement was done in good faith. Employers must treat employees equally.

Federal employment screening laws require background checks for employees who work in certain industries.

The Office of Inspector General of Department of Health and Human Services maintains a list of individuals who are unable to participate in federally-funded healthcare programs. These exclusions may be caused by fraud, patient abuse convictions, licensing boards actions or default on loans for healthcare education assistance loans.

Employers in affected industries should check the OIG Exclusion List prior to hiring employees who might work in such programs. The FACIS program is also important when screening medical personnel.