News & Analysis as of

Fair Credit Reporting Act (FCRA) Human Resources Professionals Hiring & Firing

Mitratech Holdings, Inc

Understanding Adverse Action: A Guide For HR Professionals

You’ve gone through the hiring process, sent out an offer letter, and all that remains is the background check. But what happens when the results raise a red flag? You may decide to rescind the offer, but it’s not as simple...more

Burns & Levinson LLP

If You Use Background Checks to Vet New Employees, Don’t do This….

Burns & Levinson LLP on

While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more

Porter Hedges LLP

Human Resources Compliance Audits (Part 2)

Porter Hedges LLP on

An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more

Constangy, Brooks, Smith & Prophete, LLP

Publicity: The Not-So-Hidden Cost Of A Lawsuit

And then you go and make it worse. The Volokh Conspiracy posted last week about a Human Resources Business Partner who sued his former employer in federal court (Oregon). I am in a charitable mood as I write this post,...more

Dentons

HR Quick Take: Electronic Signatures

Dentons on

Q: Can I use electronic signatures for consents to background checks under the Fair Credit Reporting Act? A: Yes, the FCC issued an opinion in 2001, determining that the FCRA requirements to obtain written consent can be...more

Fisher Phillips

Background Checks Are a Good Idea, but Be Careful What You Wish or

Fisher Phillips on

Virtually every thoughtful employer wants to hire the very best employees they can find. And why not? Good workers produce better products, provide better service, give maximum effort, learn and adopt the company’s best...more

Fisher Phillips

Is It Time To Recall Some Of Your HR Policies?

Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

Orrick - Employment Law and Litigation

New York City Council Passes Ground-Breaking Legislation Limiting the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council, by a vote of 47-3, approved legislation that would prohibit the use of credit checks in employment decisions except in limited circumstances. The bill, which is expected to be...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

San Francisco Passes Fair Chance Ordinance Restricting Employers’ Ability to Use Criminal History Information

San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Francisco Board of...more

BakerHostetler

Background Check Forms Face Increased Scrutiny in Federal Court

BakerHostetler on

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

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