All posts by Thomas Ahearn

About Thomas Ahearn

Thomas Ahearn is the ESR News Blog Editor. Please email comments & questions to tahearn@esrcheck.com.

Massachusetts Court Rules Employers Cannot Fire Employees Using Medical Marijuana for Positive Drug Tests

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Written By ESR News Blog Editor Thomas Ahearn

On July 17, 2017, the Massachusetts Supreme Judicial Court ruled that employers cannot fire employees with prescriptions for medical marijuana – the use of which voters in the state approved in 2012 – simply for flunking drug tests and even though marijuana is still illegal to use under federal law. Continue reading

San Francisco Passes Parity in Pay Ordinance to Prohibit Employers from Asking Job Applicants about Salary History

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Written By ESR News Blog Editor Thomas Ahearn

On July 19, 2017, San Francisco Mayor Ed Lee signed into law legislation that was passed the city’s Board of Supervisors called the “Parity in Pay Ordinance” to prohibit employers in the City by the Bay from asking job applicants about their salary history or from considering earnings information in determining whether to hire an applicant and what salary to offer them. The ordinance takes effect July 1, 2018. Continue reading

Judge Grants Class Certification in FCRA Lawsuit against Disneyland

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Written By ESR News Blog Editor Thomas Ahearn

A California Superior Court Judge has granted a motion for class certification for two certified Classes of job applicants in a lawsuit that claims Disneyland background checks for employment did not comply with the federal Fair Credit Reporting Act (FCRA), according to a report from Top Class Actions. Continue reading

Background Check Expert Shows Employers How to Deal with Employees Charged with a Crime

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Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester Rosen, founder and CEO of global background check firm Employment Screening Resources® (ESR), will present a webinar for Clear Law Institute – “Dealing with Employees Charged with a Crime” – on Thursday, July 27, 2017, from 3:00 PM to 4:15 PM ET. To register for this event, visit http://clearlawinstitute.com/shop/webinars/dealing-with-employees-charged-with-a-crime/. Continue reading

Judge Dismisses FCRA Lawsuit Over Background Check Disclosure for Lack of Standing Under Article III

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Written By ESR News Blog Editor Thomas Ahearn

On June 15, 2017, a Judge in the Northern District of Texas issued a Memorandum Opinion and Order granting a dismissal for the defendants in a class action lawsuit, Dyson v. Sky Chefs, Inc., holding that the plaintiff who alleged the improper inclusion of “extraneous” information in a Fair Credit Reporting Act (FCRA) disclosure for a background check lacked standing under Article III of the U.S. Constitution. Continue reading

Safe Hiring Expert to Present Webinar on Ban the Box and Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester S. Rosen, founder and CEO of global background check firm Employment Screening Resources® (ESR) and author of “The Safe Hiring Manual,” will present a webinar for Business & Legal Resources (BLR) entitled “Ban the Box and Background Checks Update: How to Effectively Pre-Screen Prospective Job Candidates and Stay Within the Law” on Tuesday, July 25, 2017, from 1:30 p.m. to 3:00 p.m. Eastern/10:30 a.m. to 12:00 p.m. Pacific. To register for this event, click here. Continue reading

USCIS Publishes Revised Form I-9 on July 17

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Citizenship and Immigration Services (USCIS) published a revised version of the Form I-9, Employment Eligibility Verification on July 17, 2017. Employers will be able to use this revised version or continue using the Form I-9 with a revision date of 11/14/16 N through September 17, 2017. On September 18, 2017, employers must use the revised form with a revision date of 07/17/17 N. Employers should also continue following existing storage and retention rules for any previously completed Form I-9s. Continue reading

Background Screening Expert Brad Landin to Speak at Marin County Employer Advisory Council Event

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Written By ESR News Blog Editor Thomas Ahearn

Brad Landin, president and chief compliance officer (CCO) at Employment Screening Resources® (ESR), a global background check firm headquartered in Novato, California, will speak at a Marin County Employer Advisory Council (EAC) event entitled “Documenting the Employer Employee Relationship and Pre-employment Inquiries” on Wednesday, July 19, 2017. To register for this event, please click here. Continue reading

California Employers Must Comply with Regulations for Use of Criminal History in Employment Decisions

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Written By ESR News Blog Editor Thomas Ahearn

California employers should be aware of the “California Fair Employment & Housing Council (FEHC) Consideration of Criminal History in Employment Decisions Regulations” that restrict the use of criminal records by employers in hiring and other employment decisions that took effect on July 1, 2017, according to an article posted on the Society for the Human Resource Management (SHRM) website. Continue reading

Study Finds Ban the Box Policies Increase Odds of Public Sector Employment for Ex-Offenders

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Written By ESR News Blog Editor Thomas Ahearn

A study released in January of 2017 entitled “Ban the Box, Convictions, and Public Sector Employment” has found that Ban the Box policies that remove criminal history questions from applications and delay such inquiries until later in the hiring process increased the odds of public sector employment for those job applicants with criminal records by close to 40 percent. This study may be downloaded here. Continue reading