AccuSource Blog

Jennifer Daimon, Esq. | CIPM

Jennifer Daimon, Esq. | CIPM

In the Weeds…Again: House Votes Yes on Legalized Marijuana

Marijuana has taken a step closer to being legalized on the federal level through the Marijuana Opportunity Reinvestment and Expungement Act, or the MORE Act. In a historic moment, the House of Representatives voted yes to H.R. 3884 on December...

Ninth Circuit Issues Another Article III Standing Decision

At this point, those involved with background screening should have a standing date with the Ninth Circuit. Famous for its decisions regarding the federal Fair Credit Reporting Act (“FCRA”) and other areas of law impacting background screening,...

Impact of COVID-19 on Background Screening

Employers are likely aware of COVID-19, the disease caused by the new coronavirus, and its implications for daily operations. COVID-19 is causing issues for employers that are predictable, but it may also impact the background screening process. 

For the Love of Ban the Box Laws

Ah, February. The month of foil hearts, yummy chocolates…and ban the box laws?

San Francisco Provides More Concise Fair Chance Ordinance Notice

Employers in the City or County of San Francisco are likely already familiar with the San Francisco Fair Chance Order (“FCO”), which took effect on October 1, 2018.

Federal Ban the Box Law Will Impact Federal Agencies and Contractors

As AccuSource has discussed in numerous blog posts and webinars, the number of jurisdictions with ban the box laws has been growing exponentially over the past few years. The federal government has joined the ranks of those jurisdictions that...

FMCSA Raises Random Drug Testing Rate For 2020

The Federal Motor Carrier Safety Administration (FMCSA) has implemented another change in addition to its new Clearinghouse that may impact your drug screening program.

Retailer Agrees to Consent Decree with EEOC for Alleged Background Screening Discrimination

Bright-line rules may seem convenient but beware if you use any type of bright-line rules in your criminal background screening programs. Dollar General learned this lesson after it faced a lawsuit from the Equal Employment Opportunity Commission...

A Change Years in the Making: SAMHSA Approves Oral Fluids Drug Testing

 

A big change is coming to the world of employment-related drug screening. The Substance Abuse and Mental Health Services Administration (SAMHSA) previously allowed only urine drug testing under its guidelines for federally regulated workplaces....

New FMCSA Drug and Alcohol Clearinghouse Impacts Employers

The Secretary of Transportation, at the direction of Congress, has established the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. The secure online database will be available starting January 6, 2020 and will keep real-time...

Change is in the Air: NYC Legislative Update

The air is getting a crisp bite (well maybe, depending on where you live) and legislative leaves are falling, carrying with them new laws and amendments. The colors are once again changing in New York City, our favorite city for...

Tumult in Texas: 5th Circuit Bans EEOC’s Use of Criminal Records

Employers who conduct criminal background checks are familiar with the Equal Employment Opportunity Commission (EEOC) and the factors it created seven years ago. In 2012, the EEOC implemented its “Enforcement Guidance on the Consideration of...

More Than Just a Number: A Primer on Employment Credit Reports

One of the less standard areas of employment background screening involves the use of credit reports. While most consumers are familiar with the use of credit reports in housing and the lending industries, credit reports can also be helpful in...

Puff, Puff, Pass: Marijuana Updates

Marijuana has been and will continue to be a huge topic in employment law. While federal law still holds that marijuana is an illegal controlled substance, states and local jurisdictions are legalizing it for medical and recreational use. Some...

CCPA: What Does It Mean for Employment Background Screening?

If you operate in California or have contact with consumers in California, you have likely already heard about the California Consumer Protection Act (“CCPA”), the United States’ answer to the European Union’s General Data Protection Regulation....

Marijuana Madness: Recent Laws and Decisions

As more and more states pass laws decriminalizing and even legalizing the recreational use of marijuana, it is not surprising that marijuana continues to be a prevalent topic for lawmakers and courts throughout the country.

New York Office of Court Administration to Increase Search Fees

As part of its 2019-2020 State Budget, the New York Legislature approved a significant increase to the search fees associated with Office of Court Administration searches. The fee will increase from $65 to $95 per search plus any additional...

Strict Interpretation of Background Check Disclosures by 9th Circuit

The Ninth Circuit Court recently adopted a decision that may affect those who are subject to the Federal Fair Credit Reporting Act (“FCRA”) as well as California's Investigative Consumer Reporting Agencies Act (“ICRAA”). These laws regulate...

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