New Jersey Background Checks

Performing background checks in the Garden State involves knowing and following state rules and regulations which may stipulate what information can be taken into account when making hiring decisions. Requirements vary by state.

Performing background checks on your own is risky and can lead you into legal trouble. Hiring a background check company, known as a Credit Reporting Agency or CRA, is highly advisable. A credit reporting agency's job is to stay abreast of New Jersey background check laws. Reputable CRA's help you avoid pitfalls such as:

The risk of uncovering too much information in a background check is significant. Laws such as the Americans with Disabilities Act (ADA) and the Federal Fair Credit Reporting Act (FCRA) mandate that certain protected information cannot be considered by employers when making hiring decisions. When hiring in New Jersey, it is crucial to use a CRA that understands the complexity of background check laws in New Jersey.

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If you are hiring truck drivers, you already know that you need to check back for three years of violations with prior companies and the FMCSA Drug and Alcohol Clearinghouse. You also have to check their New Jersey motor vehicle report, of course.

Knowing and complying with these regulations can be daunting. Health Street removes the stress by conducting and storing your DOT background checks in the same, easy-to-access portal as your other driver file records. You can manage your DOT compliance and random pool in one place. We can provide you with:

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If your business hires truck drivers, DOT regulations require that you reach out to prior employers as well as check the FMCSA Drug and Alcohol Clearinghouse for violations. You also need to run a Motor Vehicle Report (MVR) to ensure that your drivers have a clean, safe driving record.

Health Street takes this work off of your hands and stores your New Jersey background checks securely in the same convenient online portal where you can manage your DOT drug testing and random pool. We contact prior employers, check the Clearinghouse on your behalf, and report it all back to you in a comprehensive background check report, that includes:

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Opportunity to Compete Act

New Jersey's Opportunity to Compete Act (also known as a "ban the box" law), prohibits employers from asking about a job applicant's criminal record on a job application or during the initial interview. After the initial interview, employers are allowed to ask about the applicant's history of convictions, arrests, and arrests that do not lead to a conviction.

There are some exceptions to this rule. This includes employers who are required under state or federal law to run a criminal background check and those that are prohibited from hiring employees with criminal records. In 2018, the law was amended. Employers are now also precluded from asking applicants about expunged criminal records at any time.

Criminal Background Checks

Under New Jersey state laws, employers who intend to order a criminal background check from a third party must follow a specific procedure. First, they must obtain written consent from the individual in question. If the report leads the employer to take any adverse action, including denial of employment, the employer must provide the applicant with notice that the decision was made based on the information in the report. This is similar to the federal Fair Credit Reporting Act, which also requires written authorization and disclosure. Note that employers in the state of New Jersey are obligated to follow both sets of laws.

Pre-Employment Salary Inquiries

Criminal information isn't the only thing regulated under New Jersey laws. Since January 1st, 2020, employers have been prohibited from making pre-employment salary inquiries until after a conditional offer for employment has already been made.

Not only are employers not allowed to ask about specific previous salaries, they also may not require that an applicant's salary history satisfies any minimum or maximum salary criteria. Further, employers may not discriminate against a job candidate for refusing to give this information.

If an employee voluntarily gives past compensation information without any coercion or prompting, then the employer is not prohibited from considering it. If an employer comes across this information in a public platform, they may not use it in determining the compensation offering without the applicant's permission.

After an official offer for employment has been extended, provided that it includes a full explanation of the compensation package, then the employer can order a salary history report.

If an employee is working through a placement agency, the agency is allowed to request compensation history. However, the agency may not share this information with potential employers unless the candidate gives express written consent.