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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...

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...

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...

New York City Bans Pre-Employment Cannabis Testing

The Big Apple makes progressive moves to ease restrictions on the use of marijuana

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....

Spokeo v. Robins Update: Settlement Approved by CA District Court

On March 11, 2019, the US District Court for the Central District of California approved a settlement stipulation between the parties involved in the Fair Credit Reporting Act (FCRA) case between Thomas Robins and Spokeo, Inc.

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...

2019 Employment Law Compliance Trends

The background and drug screening industry is an ever-changing landscape. While there are various topics and issues that arise regarding these types of screenings, these specific trends in the industry require an especially close review.

New FCRA Decision Provides Additional Guidance to Employers

The Northern District of California provided additional guidance to employers with its decision in Soman v. Alameda Health Systems. Plaintiff Jas Soman brought a possible class action against Alameda Health Systems, arguing that Alameda had...

2019: No Change to FMCSA Random Testing Rates

As of January 10, 2019, there will be no changes to the Federal Motor Carrier Safety Administration's (FMCSA) random drug testing rates. The agency is required to publish its required random testing rates only when they are changing.

Verify Before You E-Verify: Remember to Obtain Union Approval

The National Labor Relations Board (NLRB) recently determined that an employer violated the National Labor Relations Act (NLRA) by enrolling in E-Verify without first seeking approval from the union that represents its employees (Ruprecht Co.,...

Ontario Government Grants Screening Firms Exemption from Bill 113

 

The Police Record Checks Reform Act 2015 was passed by the Ontario government on December 1, 2015 and was scheduled to go into effect November 1, 2018. The act required that the results of a positive criminal conviction search be shared with a...

Changing Legislation: New Act Requires Update to Key FCRA Form

The Economic Growth, Regulatory Relief and Consumer Protection Act was signed into United States Federal Law by President Donald Trump on May 24, 2018. The legislation will go into effect on September 21, 2018 and requires new language to be...

Pending Delaware Legislation May Allow Minor Drug Offenses to be Sealed

Delaware has proposed legislation that can provide a clean slate for those with certain types of misdemeanor offenses. Referred to as the “Clean Slate Act,” the legislation would allow the automatic sealing of records for non-violent federal...

courts find lack of standing in FCRA class action dismissals

Recent FCRA Class Action Dismissals Show Promise for Consumer Reporting Agencies and Employers

Lawsuits brought under the Fair Credit Reporting Act (FCRA) have been picking up steam for years, resulting in sometimes million-dollar settlements for...

The Green Rush: Medical & Recreational Marijuana Legislation in the US

Medical Marijuana is Legal in 30 States, Recreational Use is Legal in 9 States; All Use Remains Illegal Federally

 

Update 08/03/18: California Lawmakers Seek to Protect Medical Marijuana Users From Discrimination in the Workplace.

Pending...

Avoiding Risk & Adding Value: Why Staffing Agencies Should Focus on Background Screenings for Contingent Labor

More than 40% of the U.S workforce is expected to be comprised of contingent labor by the year 2020.

2018: Trends in Background Screening

Top background screening industry trends to watch in 2018 and beyond
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