HRAM Government Affairs Morning Session - "LB959 Update"

"LB959 Update" Speaker: Kelli Lieurance Baird Holm Topic: In April 2012, LB 959, reference checking legislation was passed by the Nebraska Legislature.  

The legislation provides immunity from liability to an employer that provides reference information to a prospective employer about a current or former employee, so long as the employer providing the information has received a consent signed by the employee which meets the requirements of LB 959. 

If a proper consent has been received, certain information about the current or former employee's pay, job duties, performance, attendance, drug/alcohol test results, workplace behavior (including acts of violence or harassment), reasons for separation, and eligibility for rehire may be disclosed without liability, unless the current or former employee can prove that the information was false and the employer providing the information had knowledge of its falsity or acted with malice or reckless disregard for the truth.  

As with all new legislation, it is important to understand LB959 in its entirety prior to its effective date in July. 

On June 5, we will walk you through LB959, and discuss best practices for providing and seeking references.  The discussion will address such issues as whether you should seek consents from applicants, how you should respond to a prospective employer when you have received a consent, how to tell whether a consent you have received is valid, and how you should respond to prospective employers when you have not received a consent.  

Kelli P. Lieurance is a member of the firm's Labor, Employment and Employee Benefits Law Group. Ms. Lieurance advises clients on general day-to-day employment issues, including those related to the FLSA, FMLA, and other federal and state regulations.  She also advises and defends employers on EEO matters, and prior to joining the firm, served as a legal intern for the Equal Employment Opportunity Commission, Office of Federal Operations, in Washington D.C. 

This Session has been submitted for 1 hour of GENERAL CREDIT from the HR Certification Institute Credits.

Please go online to register at www.hram.org under Events.

HRAM Members: $15 Non-Members: $30 ALL ATTENDEES MUST PRE-REGISTER. REGISTRATIONS MUST BE RECEIVED BY May 30, 2012.

Cancellations must be received by June 1st. Substitutions may be made. Reservations can also be made online at www.hram.org.