News & Analysis as of

Background Checks

New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

by Nossaman LLP on

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment...more

FEHA Regulations Amended Regarding Consideration of Criminal History in Employment Decisions

by Allen Matkins on

Effective July 1, 2017, the regulations under the Fair Employment and Housing Act will identify new circumstances in which employers may face liability for considering criminal history in making employment decisions such as...more

Public Act 16-67 – Are Your Background-Check Practices Compliant?

It’s been almost exactly a year since Public Act 16-67 – officially entitled “An Act Concerning the Disclosure of Certain Education Personnel Records, Criminal Penalties for Threatening in Educational Settings and the...more

Uber and Lyft to Return to Austin, Texas?

by Fisher Phillips on

One year after Uber and Lyft terminated operations in Austin, Texas, the ride-sharing platforms may be ready to return. The issue stems from a City of Austin ordinance that requires all “transportation network companies”...more

Litigation Alert: The Fourth Circuit Finds No Article III Injury in Fair Credit Reporting Act Case

by Fenwick & West LLP on

The U.S. Court of Appeals for the Fourth Circuit held that the plaintiff’s allegations that Experian denied him access to information to which he was entitled under the Fair Credit Reporting Act was insufficient to establish...more

Helping To Protect Your Company From A Cyber-Attack: Eight Tips For Human Resources Professionals And In-House Employment Counsel

by Littler on

Recent, highly publicized data security incidents highlight the continued vulnerability of corporate information systems. Notably, employees who fall prey to sophisticated phishing e-mails and other scams often contribute to...more

Filtering rules for criminal record checks: Two convictions do not always make a pattern of offending

by Dentons on

The Rehabilitation of Offenders Act 1974 provides that criminal convictions, cautions, warnings and reprimands in respect of certain offences are deemed to be “spent” after specified periods of time. Spent cautions and...more

Is Your Background Check Too Broad? New D.C. Law Bans Requests for or Use of Credit Information

by Foley & Lardner LLP on

Credit information is often one component of a comprehensive employment background check. As we have previously reported, employers utilizing background checks performed by a credit reporting agency are subject to a number of...more

Update: City of Los Angeles “Ban the Box” Ordinance Guidance and Forms Published

In January, we issued an advisory about the Los Angeles Fair Chance Initiative for Hiring Ordinance, referred to as a “Ban-the-Box” initiative, which took effect on January 22, 2017, restricting inquiries into criminal...more

Background Checks Are a Good Idea, but Be Careful What You Wish or

by Fisher Phillips on

Virtually every thoughtful employer wants to hire the very best employees they can find. And why not? Good workers produce better products, provide better service, give maximum effort, learn and adopt the company’s best...more

Compliance News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. - This week Rep. Barry Loudermilk (R-GA) introduced the FCRA Liability...more

FTC Issues "Advice" on Background Check Disclosure and Authorization Forms

by Littler on

On April 28, 2017, the Federal Trade Commission (FTC) issued a blog article entitled “Background checks on prospective employees: Keep required disclosures simple.” The FTC is one of the two federal agencies with oversight...more

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

California's New Criminal Background Check Regulations to Go Into Effect July 1, 2017

by FordHarrison on

California’s Department of Fair Employment and Housing (DFEH) recently enacted regulations that impose additional burdens on employers’ use of criminal background checks in employment decisions. The new regulations are...more

High School Sleuths Expose Questionable Credentials of New Principal

by Shipman & Goodwin LLP on

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star,...more

Compliance News Flash

by Arnall Golden Gregory LLP on

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. Massachusetts employers and consumer reporting agencies (i.e., background...more

Top labor and employment developments in 2017 for ADG companies

by Hogan Lovells on

U.S. presidential administrations historically have sought to use the federal procurement system, and specifically the regulations that apply to contractors and subcontractors, as a means to implement policies that would...more

Changes to Massachusetts CORI Regulations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Massachusetts Department of Criminal Justice Information Services recently amended the provisions of the Commonwealth’s CORI regulations that govern how employers conduct criminal history checks. ...more

New York City Is Poised to Prohibit Inquiries Into Salary History

by Epstein Becker & Green on

On April 5, 2017, the New York City Council passed a bill (“Bill”) that would amend the New York City Human Rights Law (“NYCHRL”) to prohibit all New York City employers from (i) requesting a job applicant’s salary history or...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

Prospective Employees Must Show Actual Harm From Failure to Properly Disclose Background Checks

by Sedgwick LLP on

Consent to a background check seems to be a part of any employment application these days, whether the job sought is with a large corporation or the corner deli. Employers gain a measure of protection from conducting...more

Screen for Success: The Importance of Legal Compliance in the Hiring Process

by Sands Anderson PC on

It’s a fair guess that employment lawyers spend a substantial amount of their time advising clients about the legal issues arising out of employment separations. However, these attorneys likely receive far fewer requests for...more

The Pros and Cons of Social Media in Job Screenings

by Pullman & Comley, LLC on

It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media...more

Checking In on Background Checks

by Zelle LLP on

Background checks are a valuable (and often essential) part of the hiring process. They help employers find good employees and avoid risky hires. Failure to check applicants’ backgrounds can amount to negligence and may...more

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