OOIDA Members Lawsuit Challenges FMCSA Pre-Employment Screening Program

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

Six members of the Owner-Operator Independent Drivers Association (OOIDA) have filed a class action lawsuit in federal court in Boston, MA against the Federal Motor Carrier Safety Administration (FMCSA) under the Federal Privacy Act, according to a press release from OOIDA. The lawsuit charges that the FMCSA is “unlawfully disseminating reports of driver safety records to potential employers.” The class action complaint is available here. Continue reading

Background Checks Not Required at Carnivals and Fairs

ESR News Blog

Written By ESR News Blog Editor Thomas Ahearn

Oregon and Washington – along with the federal government – do not require carnivals and fairs to run criminal background checks on employees who work around children and sometimes even handle them, according to a report by the KATU Channel 2 On Your Side Investigators in Portland, Oregon. Continue reading

E-Verify Can Help Employers Ensure Legal Workforces

Written By ESR News Blog Editor Thomas Ahearn

E-Verify NewsAfter more than 100 workers were accused of providing fake identification to get their jobs at a Florida business, employers wanting to avoid a similar situation may consider using the federal E-Verify employment eligibility system to ensure a legal workforce, according to a report from WZVN-TV ABC7 in Fort Myers, FL. The report is available at http://www.abc-7.com/story/26074157/company-seeks-new-workers-after-over-100-linked-to-fake-ids. Continue reading

Illinois Governor Signs Ban the Box Legislation

Written By ESR News Blog Editor Thomas Ahearn

ESR News Blog about IllinoisIllinois Governor Pat Quinn has signed “Ban the Box” legislation – HB 5701 (Job Opportunities for Qualified Applicants Act) – that will help ex-offenders find work in the private sector by preventing criminal background checks until after an applicant is deemed qualified for a job. The law takes effect January 1, 2015. The full text is available at http://ilga.gov/legislation/98/HB/PDF/09800HB5701lv.pdf. Continue reading

DHS Questioned about Contract to Background Check Firm

Written By ESR News Blog Editor Thomas Ahearn

ESR News BlogRepresentative Elijah Cummings (D-MD) and Senator Tom Coburn (R-OK) have written a letter to Department of Homeland Security (DHS) Secretary Jeh Johnson asking for an explanation about the awarding of a $190 million contract to a background check firm accused of “alleged fraudulent activity” with investigations in the past, according to a Federal News Radio report available at: http://www.federalnewsradio.com/473/3664684/Congressmen-demand-answers-from-DHS-over-new-USIS-contract. Continue reading

Disney Stresses Background Checks after Investigation

Written By ESR News Blog Editor Thomas Ahearn

ESR News BlogA six-month CNN investigation has uncovered “at least 35 Disney employees arrested since 2006 and accused of sex crimes involving children, trying to meet a minor for sex, or for possession of child pornography.” The investigation also found the arrests of five Universal Studios Florida employees and two SeaWorld employees. So far, a total of 32 have been convicted. A CNN report about the investigation, which led Walt Disney World to issue a statement stressing employee background checks, is available at http://www.cnn.com/2014/07/14/us/theme-park-employees-child-sex-stings/. Continue reading

Legal Risks of Background Checks Examined in Webinar

Written By ESR News Blog Editor Thomas Ahearn

Background Checks & Legal ComplianceA panel of three legal experts will present a live 90 minute Continuing Legal Education (CLE) webinar to examine the legal risks employers face when conducting background checks and discuss the U.S. Equal Employment Opportunity Commission (EEOC) Guidance on then use of criminal records for hiring decisions. The webinar will take place on Wednesday, July 23, 2014 from 1:00 p.m. to 2:30 p.m. EDT/ 10:00 a.m. to 11:30 a.m. PDT. For more information, visit https://www.straffordpub.com/products/pre-employment-background-screening-under-2014-eeoc-guidance-and-intense-scrutiny-2014-07-23. Continue reading

Background Check Expert to Speak at SF HR Star Conference

Written By ESR News Blog Editor Thomas Ahearn

ESR CEO Attorney Lester RosenTo help California HR professionals understand that background checks performed in the Golden State have different rules than the rest of the country, Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), will present a session titled ‘Only in California: Using Background Checks to Hire the Best and Stay Out of Court’ at the 2014 San Francisco HR Star Conference on Wednesday, July 16, 2014. The San Francisco HR Star Conference takes place from 9:00 AM to 4:30 PM Pacific Time at the South San Francisco Conference Center. To learn more, visit http://www.hrstarconference.com/sf/. Continue reading

Class Action Lawsuit Filed for Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn

Class Action Lawsuit BlogsA class action lawsuit filed in a Georgia federal court against Home Depot alleges the home improvement company violated the Fair Credit Reporting Act (FCRA) by performing background checks without notifying employees and job applicants and failing to give them copies of the background checks before taking actions against them based on the information in the reports. A TopClassActions.com article about the class against lawsuit is available at http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/33565-home-depot-hit-employee-background-check-class-action-lawsuit/. Continue reading