A series of recent class action complaints against employers leads me to write about what employers can do to mitigate risk with respect to their background screening program.
I’m talking about pre-employment background...more
This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization.
1. Expect activity at the Equal Employment Opportunity Commission (EEOC) in...more
The wait is over! U.S. Citizenship and Immigration Services (USCIS) has issued an updated M-274, Handbook for Employers which provides guidance on completion of the Form I-9 and an overview of unlawful discrimination and...more
This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization.
1. The President’s Executive Order (EO) on immigration remains on hold. A...more
2/13/2017
/ Executive Orders ,
Foreign Nationals ,
Form I-9 ,
H-1B ,
Immigration and Customs Enforcement (ICE) ,
Iran ,
Iraq ,
Libya ,
Somalia ,
Sudan ,
Syria ,
Travel Ban ,
Trump Administration ,
Yemen
This is the first in a series of Friday news flashes – five short legal compliance matters you should know about that may help your organization.
1. Know Before Your Hire: 2017 Employment Screening Trends – Roy Maurer...more
Additional Executive Orders (“EO”) are apparently circulating among administration officials, including more related to immigration and one specifically related to business immigration. It is unclear when or exactly what...more
1. With Wage and Hour Rules in Flux, Employers Need to Remain Vigilant -
Expanding wage and hour obligations will continue to be a top concern for employers in 2017. As most employers are aware, in May 2016, the United...more
1/26/2017
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Ban the Box ,
Blockchain ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright Infringement ,
Cybersecurity ,
Department of Labor (DOL) ,
Dodd-Frank ,
E-Verify ,
Employer Liability Issues ,
EU ,
EU-US Privacy Shield ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Non-GAAP Financial Measures ,
Popular ,
Securities and Exchange Commission (SEC) ,
Tax Reform ,
UDAAP ,
USCIS ,
Wage and Hour ,
Wellness Programs
The U.S. and Swiss governments have finalized a Privacy Shield agreement to allow the cross-border transfer of personal data from Switzerland to the United States.
First, let’s jump in our proverbial time machine and go...more
Los Angeles is the latest major city to pass a Ban the Box measure (Ordinance 184652) applicable to private employers. It will become effective January 22, 2017 and will be enforced beginning in July 2017. ...more
Companies that transfer personal data from the European Union (“EU”) to the United States should be working toward their compliance with the EU’s General Data Protection Regulation (“GDPR”) (Regulation (EU) 2016/679) which...more
If your organization has been using E-Verify for more than 10 years, this posting is for you. If you are an E-Verify Employer Agent and your cases go back over 10 years, this posting is for you.
U.S. Citizenship and...more
The Federal Trade Commission (“FTC”) recently issued guidance applicable to background screening companies (aka consumer reporting agencies) who engage in tenant screening. The FTC highlights four key responsibilities of...more
All wrapped up in a pretty little bow, just in time for the holidays and holiday hiring! U.S. Citizenship and Immigration Services (“USCIS”) has finally issued the revised Employment Eligibility Verification form (“Form...more
Human Resources professionals have one more item to add to their compliance checklist – ensuring the lawful transfer of employee, consumer or customer personal data from the European Union (“EU”) to the United States....more
Background checks for employment screening purposes may contain different information. Most common would be the use of criminal history information, but there are times when an employer requests that their background...more
Keeping tabs on the revised Form I-9 that U.S. Citizenship and Immigration Services (USCIS) is due to release, USCIS updated its website to provide important dates. I previously wrote about the revised Form I-9 and how it...more
For those employers anxiously awaiting the “new” Form I-9 (the Employment Eligibility Verification Form) the wait continues but we are getting closer. On August 25th the Office of Management and Budget (OMB) cleared the...more
After a battle of motions between the parties, on August 9th a Wisconsin federal judge dismissed a proposed class action for alleged violations under the Fair Credit Reporting Act (FCRA) against Cory Groshek. Why is this...more
On July 12th, the European Commission gave final approval to the EU US Privacy Shield program for the transfer of personal data from the European Union to the United States by companies that voluntarily choose to participate...more
Colorado-based employers know that when they onboard an employee one of the compliance related items that must be completed relates to the Employment Eligibility Verification form (Form I-9) and the Colorado Affirmation Form....more
Yesterday I attended an interesting webinar regarding Fair Credit Reporting Act (FCRA) developments. Susan Camp Stocks from the Consumer Financial Protection Bureau (CFPB) and Katherine Ripley White from the Federal Trade...more
European Data Protection Supervisor (EDPS) Giovanni Buttarelli issued his formal opinion on the EU- US Privacy Shield, arguing that while it’s a step in the right direction, “robust improvements” are needed. The EDPS is an...more
On May 16, 2016, the United States Supreme Court issued its opinion in Spokeo, Inc. v. Robins, a case that the background screening community has watched with great interest, as the Supreme Court has been asked to decide...more
The Supreme Court has vacated the decision in Spokeo, Inc. v. Robins and remanded it to the Ninth Circuit. Apparently, the Justices felt that the Ninth Circuit botched their legal analysis and is sending it back for a “do...more
The Federal Trade Commission (FTC) just issued guidance for companies providing employment screening services. According to the FTC, they have “created new guidance for businesses aimed at giving employment background...more