All posts by Thomas Ahearn

About Thomas Ahearn

Thomas Ahearn is the ESR News Blog Editor. Please email comments & questions to

Judge Rules Healthcare Provider Complied With FCRA in Background Check Lawsuit


Written By ESR News Blog Editor Thomas Ahearn

A Pennsylvania federal judge has ruled in a class action lawsuit over background checks that Genesis Healthcare LLC complied with the federal Fair Credit Reporting Act (FCRA) when obtaining the criminal history of a job applicant from a third party background check provider. Continue reading

New NLRB Joint Employer Standard Could Increase Liability for Acts of Staffing Vendors


Written By ESR News Blog Editor Thomas Ahearn

The dangers of lawsuits against employers for the actions of their staffing vendors may have increased with the August 27, 2015 decision by the National Labor Relations Board (NLRB) in a case where the definition of a “joint” employer was expanded by holding that the ability of an employer to exercise control over a worker can create joint employment, according to one safe hiring expert. Continue reading

Amazon Faces Second FCRA Class Action Lawsuit


Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed against Amazon claims the online retailer violated the federal Fair Credit Reporting Act (FCRA) for not warning an applicant about a negative background check report neglecting to give him a chance to fix errors on the report, according to Continue reading

Lawsuit Against Kohl’s Over Background Checks Dismissed


Written By ESR News Blog Editor Thomas Ahearn

A California federal judge has granted a Motion to Dismiss in a class action lawsuit against Kohl’s Department Stores Inc. that claimed the company conducted improper background checks on job applicants in violation of the federal Fair Credit Reporting Act (FCRA). Continue reading

Employment Screening Resources Announces Completion of 2015 SOC 2 Type 2 Data Security Audit


Written By Employment Screening Resources (ESR)

Employment Screening Resources® (ESR), a leading nationwide accredited background screening firm, has announced that independent auditors conducted a Service Organization Control (SOC) 2® examination of its operations for the six month testing period of January 2015 through June 2015 and issued a SOC 2® Type 2 report stating that ESR management maintained effective controls over the security, confidentiality, and privacy of its employee screening system and related data. Continue reading

US EU Safe Harbor Data Transfer Pact Ruled Invalid



Written By ESR News Blog Editor Thomas Ahearn

The European Court of Justice (ECJ) has ruled that a 15-year-old international agreement called Safe Harbor that allowed companies to transfer the digital data of individuals between the United States (US) and the European Union (EU) is immediately invalid, according to a press release from the ECJ. Continue reading

September Jobs Report Shows Gain in Health Care and Business Services

 Jobs Report Logo ESR News

Written By ESR News Blog Editor Thomas Ahearn

The U.S. economy added 142,000 jobs in September 2015 led by gains in the health care and professional and business services industries, according to ‘THE EMPLOYMENT SITUATION — SEPTEMBER 2015’ released by the Department of Labor Bureau of Labor Statistics. Continue reading

Whole Foods Settles FCRA Lawsuit for $803,000


Written By ESR News Blog Editor Thomas Ahearn

Natural grocery store chain Whole Foods Market Group Inc. has agreed to pay nearly $803,000 to settle a class action lawsuit alleging violations of the Fair Credit Reporting Act (FCRA) for improperly disclosing to job applicants that they would undergo background checks, according to a report from Top Class Actions. Continue reading

Experian Data Breach Exposes PII of T-Mobile Customers


Written By ESR News Blog Editor Thomas Ahearn

On September 15, 2015, credit reporting agency Experian discovered a data breach where an unauthorized party accessed records containing personally identifiable information (PII) of T-Mobile users including names, addresses, dates of birth, Social Security numbers (SSNs), and additional information housed in an Experian server, according an FAQ page about the data breach on the Experian website. Continue reading

E-Verify Extended to December 11 After Government Shutdown Avoided


Written By ESR News Blog Editor Thomas Ahearn

The E-Verify employment eligibility verification system due to expire at the end of the fiscal year on September 30, 2015 was extended to December 11, 2015 within hours of the deadline as part of a continuing resolution that funded the federal budget short term to avoid a government shutdown, according to a report from The Daily Signal. Continue reading