Advanced Background Checks in Florida State
Florida Background Screening Services – Recommended by the Experts.
Peopletrail offers all kinds of background checks in the State of Florida.
Florida State has specific laws the employers have to comply with regarding consumer reports, criminal background checks, or even a driver’s license check.
As a Florida business, you likely recognize how crucial it is to find fitting employees who can support you to build your company while guarding your brand. The best workers can help to expedite the growth of your company and help to create a concrete workplace culture
Prohibited Offenses As Per Florida State Government
The list of prohibited offenses for Level 1 and 2 checks is long. According to the Florida State Government website, the following are not permitted offenses.
Level 1 and 2 standards provide that no persons have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent. The record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction2 :
(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.
(b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.
(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.
(d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.
(e) Section 782.04, relating to murder.
(f) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.
(g) Section 782.071, relating to vehicular homicide.
(h) Section 782.09, relating to killing of an unborn child by injury to the mother.
(i) Chapter 784, relating to assault, battery, and culpable negligence if the offense was a felony. (j) Section 784.011, relating to assault if the victim of the offense was a minor.
(k) Section 784.03, relating to battery, if the victim of the offense was a minor.
Florida: Basic Employee Rights Legislations
Florida protects the rights of its workers through various federal and state legislations. Some of the workplace rights include but are not limited to; the right to a discrimination-free workplace, the right to a fair wage and compensation, and the right to take unpaid leaves in dire circumstances.
Yes. Certain Florida screening records are subject to restrictions under the federal Fair Credit Reporting Act. For example, according to the FCRA, certain criminal records are removed from an applicant’s history after seven years.
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Florida has state laws to protect prospective employees as well as employees after hiring.
- As per Florida Civil Rights Act (FCRA), an employer cannot impose qualification on candidates based on race, color, religion, age, marital status, disability, pregnancy unless there is a Bona Fide Occupational Qualification (BFOQ) exception.
- Florida employers can conduct Pre-Employment Drug and Alcohol Tests of applicants for employment conditions, but there is no obligation. An employer cannot. However, it forces job applicants to take a drug test against their will. It is lawful for an employer to place an offer dependent on the passing of the test, but the choice of test submission still lies with the applicant.
- Florida practices “At-Will” employment, which basically denotes the employee, and the employer can terminate employment without any prior notice. Nonetheless, the termination cannot be for any illegal reason, such as sexual orientation.
- Florida Minimum Wage Act requires the minimum wage to be adjusted for inflation. As of January 1, 2021, the minimum wage is $8.65 per hour in Florida. A separate minimum rate exists for tipped employees, and exceptions are there to the state-defined minimum wage rate.
How to Request Your Florida Criminal History?
Peopletrail offers personal background checks, specifically focusing on state and federal level records. If you are interested in running a comprehensive background check on yourself and live in the State of Florida, Order the Gold Package Here!
In addition to the state laws, some important federal laws tend to govern major workplace rights in Florida.
- Fair Labor Standards Act (FLSA) addresses issues regarding wages, overtime hours, record-keeping, and child labor standards that affect part-time and full-time workers. Pay discrimination based on sex for jobs that require the same skill, effort, and responsibility and are performed under the same working conditions is prohibited in Florida, for instance.
- Family Medical Leave Act (FMLA) grants employees up to 12 weeks of unpaid leaves for the birth and care of an employee’s child, care of an immediate family member, and employee’s health conditions. As of January 1, 2021, the Military Assist claim has been added to the Paid Family Leave under FMLA. It can be utilized by an employee whose spouse, parent, or child has been deployed by the military to a foreign country.
- Occupational Safety and Health Act (OSHA) ensures the employees have a working environment free from hazards and dangerous working conditions. For making sure there exists a smoke-free workplace, Florida Clean Indoor Air Act bans smoking in almost all indoor workspaces.
These three major federal laws and other federal and state laws provide employees with certain rights and protections. When federal and state law addresses the same issue, the law that gives greater rights to the employees is applicable. While the laws do not entirely prevent employers from acting unlawfully, they provide the basis for redressing unlawful activities, if any.