Background Checks, Criminal Background Checks

Employers Faced January 1, 2013, Deadline to Update Fair Credit Reporting Act Notice

by Nikole Mergo | Nexsen Pruet, PLLC on 2/18/2013

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when...more

New Jersey Could Join Ban The Box Trend

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 2/13/2013

New Jersey legislators have proposed a law to prevent employers in the Garden State from asking prospective employees about their criminal history on job applications. This "Ban the Box" proposal refers to the box often...more

New Year Brings New FCRA Forms for Employers and Possibly Additional Notification Requirements

by Lisa E. Cleary, Nivritha Ketty, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 2/7/2013

The Consumer Financial Protection Bureau (CFPB), the primary enforcer of the Fair Credit Reporting Act (FCRA) rang in the new year by issuing new forms for users of consumer reports. Copies of the forms that went into effect...more

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

by Rod Fliegel, Jennifer Mora, William Simmons | Littler on 2/5/2013

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more

K-Mart To Pay $3 Million For FCRA Background Check Violations

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 2/1/2013

K-Mart has become the latest employer felled by the Fair Credit Reporting Act (FCRA). The company announced it will pay $3 million to settle claims that it failed to properly warn job applicants that they could be denied...more

Criminal Background Checks? The FTC Knows There’s an App for That

by Jeff Ifrah on 1/25/2013

As we cautioned in a September post, the FTC is stepping up enforcement actions against mobile app developers for failure to comply with consumer protection principles. This month, the FTC took another major step in that...more

FTC Expands FCRA Coverage to Mobile Industry – Employers Beware

by Allana Grinshteyn, Fredric Leffler, Lawrence Lorber, Marc Mandelman, Katharine Parker, Daniel Saperstein, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 1/23/2013

The Federal Trade Commission ("FTC") recently extended the reach of the Fair Credit Reporting Act ("FCRA") to the mobile industry by means of a consent order, settling its complaint that alleged Respondents Filiquarian...more

2013 Brings Significant Criminal Background Check Changes for Ohio HHAs

by Thomas Hess, Tyler N. Williams | Dinsmore & Shohl LLP on 12/19/2012

The Ohio Department of Health has proposed new administrative rules scheduled to take effect January 1, 2013 that will significantly impact the obligations of a home health agency (“HHA”) regarding background checks of its...more

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Background Checks › Criminal Background Checks