Background Checks

News & Analysis as of

Public Hearings Held On Two Additional District of Columbia Employment-Related Bills

On Tuesday, January 26, 2016, the D.C. Council held a joint public hearing on two employment-related bills. Both the video and audio recordings of the hearing are available on the D.C. Council’s website....more

How the DOJ’s New Regulatory Framework for Gun Trusts Managed to Strike a Reasonable Balance

On January 15, 2016, the Department of Justice (DOJ) issued a final rule that fundamentally changed the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulatory environment for items that are manufactured and...more

Health Care E-Note - January 2016

The 2016 Medicare Physician Fee Schedule Final Rule ("Final Rule") contains recent changes to the Federal Stark Law, the majority of which took effect on January 1, 2016. The issuance of the Final Rule on November 16, 2015...more

The White House Announces a New Agency for Background Checks

On Friday, the White House announced, after a 90 day suitability study, that background checks and security clearances for federal employees and federal contractors will be handled by a newly created agency. The new National...more

K-1 Visa Program Under Federal Investigation

K-1 fiance visas offer an option for family-based immigration visas that may require less paperwork and  filing fees than spousal visas. Compared to spousal visas that can take up to two years, fiance visas only take five to...more

FINRA Members Subject to New Background Screening Rules

Last year, the Financial Industry Regulatory Authority (FINRA), a non-governmental organization that regulates member brokerage firms and exchange markets, approved proposed Rule 3110(e), which enhances the background...more

Post-Paris and San Bernandino: The EEOC Weighs In on Anti-Muslim Workplace Discrimination

In the wake of Paris and San Bernandino, the EEOC has issued new “Questions and Answers” for employers concerning workers who are, or are perceived to be, Muslim or Middle Eastern. The agency issued companion questions and...more

HHS Removes Barriers to Reporting Federal Mental Health Prohibitor Status for Gun Background Checks

On January 6, 2016, the U.S. Department of Health and Human Services (HHS) released a modification to the Health Insurance Portability and Accountability Act (HIPAA) removing barriers to reporting federal mental health...more

New York Employers – Looking Backward and Forward.

Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come....more

HIPAA Privacy Rule Now Permits Reporting for Firearms Background Checks

On January 4, 2016, the U.S. Department of Health and Human Services (HHS) issued a final rule that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. This modification expressly...more

Gun Control: HIPAA Final Rule Targets Background Checks and Mental Health Reporting

President Obama has announced plans to tighten gun control regulations, including applying the background check requirement to dealers at gun shows and on websites. Federal law already requires that those “engaged in the...more

HIPAA Privacy Rule Amended To Permit Reporting of Firearm Background Check Information

The January 6, 2016 Federal Register included a final rule (“Final Rule”) amending the HIPAA Privacy Rule to expressly permit certain “covered entities” to disclose to the National Instant Criminal Background Check System...more

HIPAA Privacy Regulations Amended to Allow Disclosures of Mental Health Information for Firearm Background Checks

On January 4, 2016, the Department of Health and Human Services (HHS) modified the HIPAA Privacy Rule to expressly permit certain covered entities to disclose to the National Instant Criminal Background Check System (NICS)...more

Legal Trends: Employment & Labour

In the past year, the media and governments across Canada have paid greater attention to workplace discrimination and harassment. In Ontario, for example, the government introduced Bill 132, Sexual Violence and Harassment...more

Federal Courts Increase Scrutiny of Employer Compliance with the FCRA's Adverse Action Requirements

In the last two years, the number of employment class actions under the federal Fair Credit Reporting Act (FCRA) has ballooned. Most of the cases reported in the media have involved challenges to an employer’s compliance with...more

Must Read for Background Screening Companies

This blog is created with content straight from the National Association of Professional Background Screeners (NAPBS) and a Member Advisory which all background screening companies should read. The Member Advisory was posted...more

Employers: Check the law before checking an applicant's background

A new hire is always a risk. There is concern that a new employee may not be a good fit or as qualified for the job as expected. Worse, the new hire could be a significant safety or liability risk. A poor hiring decision can...more

California Law and Background Screening

Happy post-Thanksgiving! News flash for the background screening industry as well as users of background checks in California. The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting...more

Court Issues Mixed Bag Discovery Decision In EEOC Nationwide Race Discrimination Case

In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill.), a case we blogged about previously here, Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois recently decided several...more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

CFPB Takes Action Under FCRA Against Employment Background Check Providers

On October 29, 2015, the Consumer Financial Protection Bureau (CFPB) announced the settlement of an enforcement action against two of the country’s largest employment background screening report providers for failing to...more

CFPB Obtains $13M FCRA Settlement with Employee Background Screening Providers

The CFPB recently initiated an enforcement action against General Information Services (GIS) and its affiliate, e-Background-checks.com, Inc. (BGC) for allegedly violating the Fair Credit Reporting Act (FCRA) by failing to...more

[Event] Sheppard Mullin's Labor & Employment Year In Review - Nov. 19th, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: Where We've Been and Where We're Going: Key legislative developments and leading court...more

CFPB Announces Consent Order with Employment Background Screening Report Providers

The Consumer Financial Protection Bureau’s (CFPB) announcement that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports serves as a reminder to...more

CFPB announces consent order with employment background screening report providers

The CFPB recently announced that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports. The consent order settles charges that the companies, which...more

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