October

"While it 's not a standard practice to consider potential employees ' social media presence during the application process, it might become so in the future as technology continues to improve and people spend more time interacting online. This was the focus of an ASIS International Information Asset Protection and Pre-Employment Screening Council (IAPPES) conference call. ""It 's a reality that that data trail is going to start to be crunched and munched by computers and people are going to start making decisions on those things,"" says Dr. Charles Handler, executive scientist for Logi-Serve, LLC. Handler says it 's only a matter of time until people in charge of making hiring decisions begin to use applicants ' LinkedIn and Facebook profiles to evaluate them, which could lead to legal consequences. And while thirty six states have introduced laws, or have legislation pending that prevent employers from requiring employees to provide them with their social media account passwords after they 're hired, there is still a lack of legislation about using social media in the hiring process, specifically when using it as a hiring disqualifier. Handler says that companies need to hold all of their employment screening tools to a higher standard and ensure that applicants are being evaluated in a standardized way that tests the skills that are critical to successful job performance."

The states of Washington and Oregon recently enacted laws in connection with tenant screening. Among the provisions in both Washington's RCW �59.18.257 and Oregon's OAS �90.295, is that the entire cost of the background check can be charged to the applicant, if the screening is performed by a consumer reporting agency (CRA). However, if the landlord conducts the background check, it may not charge in excess of the customary fees of the CRAs in its geographical area. Notably, California's Civil Code �1950.6(b) provides that a landlord cannot charge (or pass-through) to the applicant more than $30 for a background check. This application screening fee may be adjusted annually by the landlord or its agent commensurate with an increase in the Consumer Price Index. (The current adjusted amount is $41.50.)

The State of New Jersey finally has itself a workplace social media privacy law, becoming the 12th state to restrict company access to prospective and current employee social media. Like similar laws in other states, this new law prohibits employers from requiring prospective and current employees from disclosing online usernames and passwords. It's worth noting that there are severable notable differences in the new NJ law, which loosen the restraints on local companies: Many public employers which deal in public safety are exempted, Any employer may require that the login|password of any account maintained for business purposes of the employer -- even if created by a current or prospective employee -- be disclosed, Employers can also demand login|password as part of several categories of workplace investigations, Employers can ask a current or prospective employee if he|she has a social media account, and Any aggrieved current or prospective employee may report an alleged violation to the Commissioner of Labor and Workforce Development, but cannot bring a private action against the employer. The new law goes into effect on December 1.