Category: Employment Screening

Court Rejects Walmart’s Bid To Kick Negligent Hiring Claim By Contractors’ Employees

A California federal district court held that companies may owe a duty of care to their prospective contractor’s employees in the hiring of such contractors. In Carrillo v. Schneider Logistics, Inc., plaintiff Everardo Carrillo and others were workers at three California warehouses that Walmart owned or leased, but were actually operated by Walmart contractors. Plaintiffs [...]

New Texas Law Limits Negligent Hiring, Supervision Claims Against Employers

On June 14, Governor Rick Perry signed a new law that will preclude most causes of action for negligent hiring or negligent supervision against employers, general contractors, and premises owners. The new law (Texas H.B. 1188) amends the Texas Civil Practice and Remedies Code to prohibit most causes of action “against an employer, general contractor, [...]

Gov’t sues BMW plant, Dollar General stores over criminal background checks

WASHINGTON — The Equal Employment Opportunity Commission filed lawsuits Tuesday against discount retailer Dollar General Corp. and a BMW manufacturing plant in South Carolina over their use of criminal background checks to screen out job applicants or fire employees. In both cases, the agency claims the practice discriminates against African-Americans, who have higher arrest and [...]

Crime-check hiring bill clears City Council panel

A Seattle City Council committee approved a bill Wednesday that would prohibit businesses from asking a job applicant about criminal history until after an initial screening. Members of the Public Safety Committee voted 5-0, with one abstention, to send the bill to the full council Monday. The committee also voted down several amendments supported by [...]

Nevada Restricts Use of Credit Reports for Employment Purpose

On May 25, 2013, Nevada Gov. Brian Sandoval signed a new law making Nevada the third state in the last 12 months to enact legislation restricting use by employers of credit reports and other credit history information for hiring and other employment-related purposes. Nevada’s new law, which goes into effect Oct. 1, 2013, follows closely [...]

Injured Officer Sues Alexandria Yellow Cab

Alexandria VA June 4 2013 An officer who was seriously injured when a taxi driver allegedly shot him in the head is suing the Alexandria Yellow Cab company, alleging negligent hiring. Kashif Bashir allegedly shot Alexandria police Officer Peter Laboy in the head Feb. 27 as Laboy attempted a routine stop of Bashir’s taxi. Bashir [...]

Florida Employee Drug Testing Must Be Reviewed, Court Rules

Specific government job categories must be considered for mandatory drug testing in Florida, an appeals court (1013L) concluded in a ruling that said a judge went too far in blocking enforcement of across-the-board public employee screening ordered by the state’s governor. The U.S. Court of Appeals in Atlanta said in its ruling today that a [...]

Tenessee Congressman introduces legislation to amend FCRA

Congressman Steve Cohen (D-Tennessee-09) has introduced legislation in the U.S. House of Representatives – H.R. 645, to amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions. Read the full text here

New Form I-9 for employment eligibility verification

Written by John Connelly On March 8, 2013, the United States Citizenship and Immigration Services released a new version of Form I-9, Employment Eligibility Verification (identified as Rev. 03/08/13). The new form is available for immediate use, and employers must begin using the updated Form for all new hires starting May 7, 2013. Notable changes [...]

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 [...]