Maryland requires consumer reporting agencies to register with the Office of the Commissioner of Financial Regulation if you “intend to conduct consumer credit reporting services in the State of Maryland.”
Last week I...more
Rhode Island has a quirky statute that arguably requires any consumer reporting agency who provides credit reports or information to state residents to register with the Department of State – Business Services Division. I...more
Nineteen companies joined President Obama as founding companies of the White House’s Fair Chance Business Pledge. According to the White House Fact Sheet, “The pledge represents a call-to-action for all members of the...more
The city of Austin in Texas is the latest major city to pass a Ban the Box ordinance which affects private employers. Ordinance No. 20160324-019 was approved on March 24, 2016 by a vote of 8 – 2. ...more
The current version of the Employment Eligibility Verification form (Form I-9) expires today. I’ve previously posted on my blog here on this topic. Below notice is from U.S. Citizenship and Immigration Services (USCIS)...more
Philadelphia’s Ban the Box has been on the books since 2011. However, it was recently amended and certain changes went into effect yesterday (3/14/16). ...more
The full text of the EU-U.S. Privacy Shield (“Privacy Shield”) framework is now available. Privacy Shield was “designed by the U.S. Department of Commerce and European Commission to provide companies on both sides of the...more
The Affordable Care Act provides grants to states to implement background check programs for prospective long-term-care employees in settings such as nursing facilities, home health agencies and hospices....more
In California, individuals now have a private right of action to bring a claim against an employer who uses the E-Verify program for pre-screening purposes. ...more
New York Attorney General Eric T. Schneiderman recently announced settlements against two major retailers (Big Lots Stores and Marshalls) for violations of Buffalo’s “Ban the Box” ordinance at local stores. Click here to...more
February 2nd the European Commission and the Department of Commerce announced that they have reached an agreement on a new framework to replace the EU US Safe Harbor Program. The European Court of Justice (ECJ) found the...more
It appears that the European Commission and U.S. Department of Commerce have reached a deal on a new transatlantic safe harbor data transfer agreement. ...more
The on-going discussion about what is permissible in a disclosure and authorization notice (hereinafter “notice”) for Fair Credit Reporting Act (FCRA) purposes continues. In a recent federal district court case in the...more
On December 15, the Office of Personnel Management (OPM) published in the Federal Register a notice listing its priorities. Under “Suitability” on page 77883 of the Federal Register, OPM states that they will be “proposing...more
This blog is created with content straight from the National Association of Professional Background Screeners (NAPBS) and a Member Advisory which all background screening companies should read. The Member Advisory was posted...more
For all you E-Verify nerds (like me) out there, here is the latest on the status of the E-Verify program. The program is obviously operational and not going away, so don’t stop using it if you are. But in a technicality,...more
It’s that time of the year when employers using the E-Verify program need to act to save their historic records. Yawn…historic records? To comply with the National Archives and Records Administration’s retention and disposal...more
Happy post-Thanksgiving! News flash for the background screening industry as well as users of background checks in California. The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting...more
The Consumer Financial Protection Bureau (CFPB) announced that it has taken action against two large background screening companies. Yes, you are reading this correctly. The CFPB…not the Federal Trade Commission, has taken...more
The day is almost upon us. Halloween, you say? No, oral arguments in the Spokeo case. Way more exciting. Spokeo, Inc. v. Robins is important because it goes to the heart of when a claim for non-compliance can be brought...more
Hours before the government was due to shut down, the President signed into law a stopgap measure which will fund the federal government through December 11, 2015. The possibility of a government shutdown would have...more
BMW Manufacturing Co., LLC (“BMW”) entered into a consent decree with the Equal Employment Opportunity Commission (“EEOC”) regarding allegations that they discriminated against African American logistics employees through...more
9/9/2015
/ Adverse Action Report ,
Background Checks ,
BMW ,
Consent Decrees ,
Criminal Background Checks ,
Criminal Records ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Title VII
We’re all busy and regardless of your industry, those responsible for hiring our workforce are pulled in many different ways and have to keep abreast of countless local, state and federal workplace related laws and...more
An appeals court in California recently held that California’s Investigative Consumer Reporting Agencies Act (ICRAA) is not unconstitutionally vague. (Connor v. First Student, Inc., et al., Cal. Court of Appeal, Second...more
The E-Verify program is set to expire 9/30/15 unless it is reauthorized by Congress (cue scary movie soundtrack). So what does that mean for employers who use E-Verify? Will you be locked out of the system come October 1,...more