Category: Employment Law

Legal Briefing: Discrimination as a Substantial Motivating Factor

Story reported by: By James E. Hall, Mark T. Kobata and Marty Denis, workforce.com Wynona Harris, a bus driver employed by the city of Santa Monica, California, was fired on the same day she submitted a doctor’s note to her supervisor stating that she could continue working through her pregnancy with limited restrictions. Harris sued, [...]

Tuesday March 19th, 2013 in Background Checks, CA Employment Law, Employment Law, Human Resources, Negligent Hiring | No Comments »

CFPB issues new requirements for employers regarding credit checks

Employers who conduct background or credit checks on job applicants or current employees, take note: The Consumer Financial Protection Bureau (CFPB), the primary enforcer of the Fair Credit Reporting Act (FCRA), recently issued new forms that employers must begin using effective January 1, 2013. What is the FCRA, and what does it require? The FCRA [...]

Wednesday March 13th, 2013 in Background Checks, CA Employment Law, Employment Law, Employment Screening, Human Resources, Negligent Hiring, Tenant Screening, Tenant Screening Laws | No Comments »

NTSB issues views on changing employment-screening process for truck drivers

NTSB would like to see national database for CDL holders created The aftermath of a fatal truck-train collision a year-and-half ago could soon greatly impact the employment-screening process for truck drivers. That crash occurred at a Miriam, NV, railroad-grade crossing on June 24, 2011, when a tractor pulling two empty side-dump trailers on US Highway [...]

Thursday February 7th, 2013 in Background Checks, Employment Law, Employment Screening, Human Resources, Negligent Hiring | No Comments »

The EEOC’s New Rule on Background Checks

Background checks have been much discussed in the last few weeks, primarily in the context of gun-control proposals. But it appears some background checks are favored by bien pensants whereas others are not — the latter being those conducted by employers on applicants for employment. Last April, the EEOC issued a new policy guidance regarding [...]

Friday February 1st, 2013 in Background Checks, Employment Law, Employment Screening, Human Resources, Negligent Hiring | No Comments »

New law requires national background check for teachers

By Staff reports The  MetroWest Daily News Posted Jan  11, 2013 @ 02:39 PM Gov. Deval Patrick has signed a bill authorizing the Department of Early Education and Care and school districts to conduct fingerprint-supported national criminal history background checks on all teachers, school employees and early education providers in the state.    Prior to [...]

Friday January 11th, 2013 in Background Checks, Employment Law, Employment Screening, Human Resources, Negligent Hiring | No Comments »

National Conference of State Legislators E-Verify FAQ

E-Verify is a voluntary internet-based program to help employers verify the work authorization of new hires.  Since 2009, the federal government mandates certain federal contractors to use the program.  As of November 30, 2012, a total of 20 states require the use of E-Verify for at least some public and/or private employers.  This document summarizes [...]

Tuesday January 8th, 2013 in Background Checks, Employment Law, Employment Screening, Human Resources, Negligent Hiring | 1 Comment »

FTC Submits Testimony to U.S. Civil Rights Commission on Fair Credit Reporting Act

The Federal Trade Commission submitted written testimony to the U.S. Commission on Civil Rights regarding the Fair Credit Reporting Act (FCRA) and the use of consumer reports in employment. The Fair Credit Reporting Act promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies (CRAs). The FTC testimony describes some [...]

Tuesday December 18th, 2012 in Background Checks, CA Employment Law, Employment Law, Employment Screening, Negligent Hiring | No Comments »

Proposed policy requires new hire background checks

If a new policy is approved by the Office of the General Counsel, new USF employees will be subject to a background check, and all employees will be required to report criminal convictions during their employment. The proposed policy states that new employees, including faculty, administration, staff and anyone with a temporary work status exceeding [...]

Tuesday December 4th, 2012 in Background Checks, Employment Law, Employment Screening, Human Resources, Negligent Hiring, Tenant Screening | No Comments »

California Federal Court upholds right to equitable relief under FCRA

The Fair Credit Reporting Act (FCRA), enacted by Congress in 1971, was put into place because the banking system is dependent upon fair and accurate credit reporting and unfair credit reporting methods undermine the confidence of the public in that system. The three major credit reporting agencies (CRA’s), Experian, Trans Union, and Equifax, just suffered [...]

Tuesday November 27th, 2012 in CA Employment Law, Employment Law, Human Resources, Negligent Hiring | No Comments »

Security Industry Association Sends Letter of Opposition to Michigan

source: PRweb.com The Security Industry Association (SIA) has expressed its opposition to legislation that circumvents current law in the State of Michigan by weakening background checks on security system installers in that state. We are greatly concerned that the legislation would ignore or provide loopholes in state and federal criminal background check requirements. The Security [...]

Friday November 2nd, 2012 in Background Checks, CA Employment Law, Employment Law, Employment Screening, Human Resources, Negligent Hiring | No Comments »