Background Checks, Hiring & Firing

Collateral Damage: Job Hunting with a Criminal Record

by Raiser & Kenniff, PC on 5/7/2013

The National Employment Law Project — a non-profit organization and advocacy group — estimates 65 million Americans have a criminal record. Some 700,000 people are released from state and federal prisons annually. When the...more

Proposed Class Action Lawsuit Underscores Legal Risks to Employers Using Background Checks

by Ryan L. DiClemente, Robert Nagle | Saul Ewing LLP on 4/26/2013

A putative nationwide class action alleging violations of the Fair Credit Reporting Act (“FCRA”) was recently filed against Toll Brothers Real Estate Inc. (“Employer”) in the United States District Court for the Eastern...more

Hospitality Update, No. 1, March 2013: "And By The Way, Are You A Criminal?"

by Andria Ryan | Fisher & Phillips LLP on 3/7/2013

Getting the answers, without violating the new EEOC guidelines - According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background...more

N.J. Legislature Introduces Legislation Imposing Restrictions on Pre-Employment Inquiries into Criminal History of Applicants

by Lisa Lewis | Sheppard Mullin Richter & Hampton LLP on 3/7/2013

In February 2013, identical bills aimed at reducing pre-employment discrimination against individuals with criminal histories were introduced in the New Jersey Senate and the New Jersey Assembly (S2586 and A3837). Both bills...more

Are “Working Interviews” Legal?

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 2/25/2013

One of my dental practice clients called this week to inquire about an idea they heard of recently called a “working interview.” The idea is to have an hygienist come in for a couple of days to find out whether they are good...more

New Background Check Forms Required under the FCRA

by Michael Gamboli, Kimberly McCarthy, Alicia Samolis | Partridge Snow & Hahn LLP on 2/25/2013

The Fair Credit Reporting Act (“FCRA”) provides guidelines which must be followed in order for employers to gather certain information about employees or applicants. Generally, there are two types of reports: a consumer...more

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

Ohio District Court Dismisses EEOC Suit Challenging Credit Check Policies

by Greg Mersol | BakerHostetler on 2/13/2013

Anyone looking for a case rich in irony need look no further than EEOC v. Kaplan Higher Learning Edu. Corp., Case No. 1:10 CV 2882 (N.D. Ohio, Jan. 28, 2013). Kaplan provides, among other services, online college training,...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 Employment Law Update - New Developments in Employment Law 2013

by Shirley Jackson, Erik P. Khoobyarian, Ernest M. Malaspina, Richard M. Noack, Daniel F. Pyne III, Karen Reinhold | Hopkins & Carley on 1/4/2013

In this update: - 2013 Schedule of Seminars - Wage & Hour - New Laws Impacting Hiring Practices - Discrimination & Harassment - Developing Law Regarding Employer Arbitration Agreements - Employer...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

Employers Will Need to Use New FCRA Forms by January 1

by Stephen R. Woods | Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2012

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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Background Checks › Hiring & Firing