News & Analysis as of

FTC Issues Another Guide on Background Checks

As we reported in our prior alert, in March of this year, the Federal Trade Commission (“FTC”) issued a short brochure—Background Checks: What Job Applicants and Employees Should Know—on the use of background checks in hiring...more

Publix to Pay $6.8 Million Settlement over Noncompliant Background Check Forms

If your company’s background check disclosure form includes a release of liability, take it out. Less than a year after a federal district court in Pennsylvania ruled that Closetmaid violated the Fair Credit Reporting...more

Background Checks: Back to Basics

Recently two federal agencies, the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC), issued joint guidance on job applicant and employee background checks and "What Employers Need to Know."...more

Employment Background Checks: Tips Employers Should Know to Comply With Federal Laws

Many employers rely on background checks to screen job applicants and employees when making important personnel decisions, including hiring, retention, and promotion. In March, the Equal Employment Opportunity Commission...more

eTrends - EEOC and FTC Issue Joint Guidance on the Use of Background Checks for Employment Purposes

The Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”) issued joint guidance last month on the use of background checks for employment purposes. Two publications were released. One...more

New Guidance on Background Checks Issued by the FTC and EEOC

Last month, the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) issued joint guidance addressing the use of background checks in employment decisions. The guidance does not offer new...more

Employment Law Reporter – April 2014

In This Issue: Pre-Hire Peril: Avoid Self-Sabotage Through Background Checks: In a joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission, these federal agencies have...more

EEOC and FTC Issue Guidance on Employment Background Checks

On March 10, 2014, the Equal Employment Opportunity Commission (EEOC) and the Fair Trade Commission (FTC) released joint guidance documents that explain respective duties and rights for employers and employees in regard to...more

Using Background Checks to Check Into Your Employees' History? The EEOC and FTC May Soon Be Checking Into You Too

If you're an employer that runs background checks on employees or applicants, you need to be aware of some recent government activity about the practice. Two federal agencies — the Equal Employment Opportunity Commission...more

EEOC and FTC Issue Joint Publications on Background Checks

On March 10, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) jointly released two pamphlets on the use of background checks in the workplace: (a) one directed at employers...more

Not-So-Unlikely Bedfellows? The FTC and the EEOC Join Forces to Issue Guidance on Employment Background Checks

For the first time, the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have worked together to publish two guidance documents about employment background checks. One document,...more

FTC and EEOC Issue Joint Guidance on Employer Use of Background Checks

A new joint publication of the Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) serves as a reminder to employers of the risks that come with the use of background information when making...more

Did You Know...New Informal Guidance From EEOC & FTC Re Background Checks

As we recently reported at our annual employment law update, additional restrictions are being placed on the use of background checks in light of the potential for disparate impact and invasion of the right to privacy....more

Background Check Guidance from the FTC and EEOC

On March 10, 2014, the Federal Trade Commission ("FTC") and the Equal Employment Opportunity Commission ("EEOC") jointly issued two short guides on the use of background checks in hiring and personnel decisions. Generally...more

New Guidance for Employers Conducting Background Checks

Employers who investigate workers' criminal or credit backgrounds may want to review federal guidelines released March 10. The joint publication of the Federal Trade Commission and the Equal Employment Opportunity...more

EEOC and FTC Offer Joint Tips on Use of Employment Background Checks

User-Friendly Documents for Employers, Job Applicants, and Employees Explain Laws Governing the Acquisition and Use of Personal Background Information - WASHINGTON - The U.S. Equal Employment Opportunity Commission...more

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

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

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

Despite Continuing Grace Period, Employers Should Switch To New Fair Credit Reporting Act Notices Now

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress transferred rule-making authority for the relevant portions of the Fair Credit Reporting Act (FCRA) from the Federal Trade Commission (FTC) to the...more

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

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

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

Employers Will Need to Use New FCRA Forms by January 1

Employers will be required to use updated forms as part of their background check process by January 1, 2013, as responsibility for interpreting the federal Fair Credit Reporting Act (FCRA) transfers from the Federal Trade...more

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