San Francisco Ban the Box Ordinance May Hurt Ex-Offenders the Law was Meant to Help

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) The San Francisco Fair Chance Ordinance (FCO) that took effect a year ago today on August 13, 2014, requires San Francisco City and County employers with 20 or more workers to follow strict rules about inquiring into and using the criminal record …

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Class Action Lawsuit against Major National Online Retailer Underscores Need to Comply with the FCRA

  Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) In a class action lawsuit filed in federal court in Seattle on April 7, 2015, a major national online retailer and a staffing firm that provides workers have been sued in a class action lawsuit alleging that the defendants failed to …

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FCRA Class Action Lawsuits Against Employers Becoming Routine

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Two class action lawsuits filed in federal courts in Wisconsin by the same lawyers and the same lead plaintiff within one week of each other and both alleging the same cause of action underscore the prevalence of class action lawsuits for violations …

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Ban the Box Laws that Go Overboard May Hurt Ex-Offenders and the Unemployed in 2015

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Ban the Box laws, which protect ex-offenders from an “early knock out” punch in the hiring process based solely on the early disclosure of a criminal record, will quickly reach a tipping point in the U.S. in 2015. However, when these Ban …

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FCRA Class Action Lawsuits will Continue to Increase Even if No One is Actually Harmed in 2015

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Class action lawsuits for federal Fair Credit Reporting Act (FCRA) violations will increase in 2015 even if no one is actually harmed. In 2014, an increasing number of FCRA class action lawsuits were filed and were settled for millions of dollars and …

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Employment Laws Will Become More Fragmented as Cities and States Pass Hiring Laws in 2015

  Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Employment laws in the United States will become more fragmented as cities and states continue to pass their own laws on hiring in 2015. These new laws will cover a wide variety of areas within the employment screening process including “Ban …

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NAPBS Accreditation for Background Screening Firms Will Reach Tipping Point and Become Standard Criteria in 2015

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) The National Association of Professional Background Screeners (NAPBS) accreditation program for background screening firms will reach a tipping point and become standard criteria for selecting a vendor in 2015. The NAPBS exists to promote ethical business practices and compliance with the federal …

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Employers will Start Looking at Due Diligence Post-Hire to Protect against Insider Threats in 2015

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Employers will increasingly look at due diligence post-hire to protect against insider threats to organizations in 2015. The exposure of government secrets by Edward Snowden and the Naval Yard shootings in Washington D.C. have put increased emphasis on post-hire insider threats. There …

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Background Checks in Sharing Economy Will Not Be Limited to Traditional Employer-Employee Situations in 2015

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Background checks will continue to be a focus of concern in the “sharing economy” built around the sharing of human and physical resources in such industries as transportation, short-term housing rentals or temporary job assignments in 2015.  These types of background checks …

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EEOC Guidance for Criminal Records Hotly Debated but Remains Key Concern for Employers in 2015

  Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. This EEOC Guidance is having …

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