Summer is here and many businesses will be depending upon young people for seasonal, temporary, or other labor needs to help with the onslaught of tourists and vacationers in their establishments—especially in the restaurant, hospitality, and retail sectors.

Of course, business owners want to make sure that they are hiring honest and dependable, high school and college age youth. While most youth are good kids, unfortunately some are not. They could be involved with drugs, violence, or could even have been arrested. Your company’s security and safety are at stake. It seems logical that an employee background check would be in order.

The Rules Are Different for Minors

BUT the rules (and laws) for background checks are different when it comes to minors. Just like all applicants, third-party background checks for minors are under the Fair Credit Reporting Act (FCRA). And just as with all applicants, the issue of CONSENT comes to the fore.

With regard to minors and pre-employment screenings/drug testing, you should know that minors (under the age of 18 in most states) are not able to legally provide consent or enter a legally binding agreement. So even if they sign a release for a pre-employment screening, it will not be binding.

Parental Consent Is Key

Employers should know that parents CAN give their consent to the minor’s screening and this will be legally binding. So if you want to screen minors you should require parental/legal guardian consent for your protection.

 Some Records for Minors Are Not Available

 When it comes to minors, the following are usually not available:

• Most criminal records for minors are sealed, making them unavailable.
• Credit history is nonexistent as minors cannot establish credit until age 18.

But Some Records Are Available and Can Be Useful

The following can be obtained with regard to minors:

• Previous employment history
• Educational records
• Personal references

Remember…

It is important for employers to remember that whatever pre-employment screening is done, whether for minors or adults, that screening should be done across the board for EVERYONE so as to avoid bias.

It is also important that the screenings be done by an experienced professional to avoid infractions with the FCRA, EEOC, or other government entities that protect employee rights.

Why Choose The Hire Authority for Employee Background Screening?

We are experienced professionals who keep abreast of all the laws governing employee background checks so that you do not risk breaking them and paying the consequences. At The Hire Authority we are thorough in our screening, which guarantees that you will receive information that is current and relevant. We care about your security and we will work within your budget to keep you safe from harm or unnecessary problems.

We’d be happy to talk to you about screening your employees. Call us at
(508) 230-5901 or visit our website www.hireauth.com with any questions you may have.

The foregoing should not be construed as legal advice. Employers should always consult their own legal counsel for advice on labor and employment matters.