Posts tagged: employment law

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

Wednesday April 3rd, 2013 in , , , | 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 [...]

HireRight to Pay $2.6 Million Penalty for Multiple Violations of the Fair Credit Reporting Act

FTC Charges HireRight Solutions Incorrectly Listed Criminal Convictions on Reports of Some Consumers An employment background screening company that provides consumer reports to companies nationwide will pay $2.6 million to settle Federal Trade Commission charges that it violated the Fair Credit Reporting Act by failing to use reasonable procedures to assure the maximum possible accuracy [...]

Medical staffing company in Nebraska sued in hepatitis C case

  DOVER — One of the victims of the hepatitis C outbreak at Exeter Hospital has filed a lawsuit against a Nebraska company he believes hired the suspect in the case. In a five-count lawsuit filed on Sunday, the patient and his attorney accused Triage Staffing, Inc., of negligence in connection with the viral outbreak. [...]

OOIDA Sues FMCSA over Pre-Employment Screening Program

  By TruckingInfo Staff The Federal Motor Carrier Safety Administration’s pre-employment screening program violates drivers’ rights, claims the Owner-Operator Independent Drivers Association in a lawsuit. OOIDA told the U.S. District Court for the District of Columbia that under the program, drivers can be in effect found guilty of safety violations before they get due process [...]

Wednesday July 18th, 2012 in , , | No Comments »

Negligent Hiring Costs Trucking Company $7 Million

Trucking company’s negligent hiring practices lead to fatal collision The plaintiffs alleged that the driver of a tractor-trailer was negligent and reckless for driving while fatigued and crossing the centerline. Suit against his employer alleged negligent hiring, among other claims. The parties reached a confidential settlement after the jury awarded $7 million. Reagan v. Dunaway [...]

Thursday February 2nd, 2012 in , , | No Comments »

EEOC Takes aim at Systemic Bias

The EEOC received 99,922 charges of alleged discrimination in 2010, the highest number in recent history. As its workload has increased, the commission has sought greater funding so it can pursue cases in which employer hiring practices discriminate broadly against members of protected classes. Those practices include using criminal background checks and credit-history checks to [...]

Tuesday January 10th, 2012 in , , , | No Comments »

New California Law Penalizes Employers for Willful Misclassification of Independent Contractors in 2012

Effective January 1, 2012, a new California law – Senate Bill 459 (SB 459) – imposes stiff penalties that range between $5,000 to $25,000 for the “willful misclassification” of independent contractors by employers “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.” To read SB 459, visit: [...]

Wednesday December 28th, 2011 in , | No Comments »

Casting assistant’s past prompts calls for screening

Jason James Murphy, a convicted child molester, began cooperating with an LAPD investigation, as child protection advocates called for background checks for those with access to child actors. Read more

Exceptions to the 7-year criminal history rule

Well, there are a number of screening companies that ignore California Law, following only the Federal law which has lifted the time requirement.  California is special in that it maintains a 7-year reporting limit on convictions and a violation of that rule is a big deal! One other thing that is nebulous, as a practice [...]