Legal Focus

As detailed in last month’s Legal Focus article, Act 168 goes into effect December 22, 2014. The new regulation requires employers to complete a previous employer inquiry with applicants who will work directly with children. Similar to the previous employer inquiry completed under the DOT Drug and Alcohol regulations, the Act requires the applicant to disclose to all current and prior employers where the applicant had direct contact with children. The applicant will also be required to sign an ...

All employers worry when they receive a call asking for information about a former employee. In fact, many employers will only give the dates of employment and position last held. But under Act 168, some employers are required to answer in more detail. Fortunately, Pennsylvania law protects employers who disclose truthful, documented information about a current or former employee’s job performance to a prospective employer. Important details follow.

On October 22, 2014 Governor Corbett signed Act 168 into law. Originally introduced in 2013, the primary implication of this new law is that it adds a new section to the Public School Code requiring prospective, current, and former employers to share information about applicants seeking jobs where they will have direct contact with children. While Pennsylvania law has long required detailed criminal background checks for school bus drivers, the new law requires prospective, current, and former e...