Category Archives: Recent Posts

Tompkins County NY Votes to Ban the Box on Job Applications

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Written By ESR News Blog Editor Thomas Ahearn

In July of 2016, legislators in Tompkins County, New York unanimously voted to Ban the Box and remove the criminal conviction question from job applications and leave such inquiries for later in the hiring process after a conditional job offer is made by employers, according to a story in the Ithaca Journal. Continue reading

FBI Sued Over Background Check Error Related to Charleston Church Shooting

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Written By ESR News Blog Editor Thomas Ahearn

The families of nine victims killed in the June 2015 shooting at a church in Charleston, South Carolina, are suing the Federal Bureau of Investigation (FBI) over a background check error that supposedly allowed the alleged shooter to purchase his gun, according to a story in The Washington Post. Continue reading

FBI Fingerprinting Background Checks of Uber Drivers Central Theme of Regulatory Battle

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Written By ESR News Blog Editor Thomas Ahearn

The use of the Federal Bureau of Investigation (FBI) database and state criminal history repositories that require fingerprinting “are now a central theme of the regulatory battle” for regulation of drivers for the on-demand ride-hailing service provider Uber, according to a blog on The Huffington Post website. Continue reading

OSHA Electronic Accident Reporting Rule Could Affect Post-Injury Drug Testing by Employers

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Written By ESR News Blog Editor Thomas Ahearn

On May 12, 2016, the Occupational Safety and Health Administration (OSHA) issued a Final Rule in the Federal Register requiring certain employers to electronically submit injury and illness data to OSHA that they must keep under existing OSHA regulations. The rule also states that “OSHA believes the evidence in the rulemaking record shows that blanket post-injury drug testing policies deter proper reporting.” Continue reading

DOJ Significantly Increases Fines for Form I-9 Violations

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Written By ESR News Blog Editor Thomas Ahearn

On June 30, 2016, the U.S. Department of Justice (DOJ) published a Final Rule in the Federal Register that will significantly increase fines for Form I-9 violations that include incorrect Form I-9 paperwork, unlawful employment of unauthorized workers, and unfair immigration-related employment practices. Continue reading

Course Teaches Employers How to Properly Use Criminal Records for Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester Rosen, founder and CEO of Employment Screening Resources® (ESR), will teach a course with Compliance World entitled “Employers – Your Use of Criminal Records Could Get You Sued” on Thursday, July 28, 2016, from 2:00 p.m. to 3:30 p.m. ET / 11:00 a.m. to 12:30 p.m. PT. To register for this event, which is approved for 1.50 HR Certification Institute (HRCI) credits, click here. Continue reading

New Philadelphia Law Prohibits Employers from Using Credit Information of Employees and Job Applicants

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Written By ESR News Blog Editor Thomas Ahearn

The Philadelphia (PA) Ordinance No. 160072 that took effect on July 7, 2016, amends Chapter 9-1100 of The Philadelphia Code entitled “Fair Practices Ordinance: Protections Against Unlawful Discrimination,” by adding a section that prohibits employers from obtaining or using credit information regarding employees and job applicants in certain circumstances. Continue reading

Ex-City Contractor Hired Without Criminal Background Check Charged in Theft

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Written By ESR News Blog Editor Thomas Ahearn

A contractor who served two jail sentences before being hired by Newburyport, Massachusetts as the city’s parks manager without undergoing a background check has been charged in the theft of $43,000, according to an article posted on The Daily News of Newburyport website. Continue reading

Court Rules Texas May Challenge EEOC Criminal Background Check Guidance

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Court of Appeals for the Fifth Circuit has ruled in Texas v. EEOC (No. 14-10949, 6/27/16) that the Lone Star state may challenge in court the U.S. Equal Employment Opportunity Commission (EEOC) enforcement guidance on the use of criminal background checks by employers, according to a report from Bloomberg BNA. Continue reading

EU-U.S. Privacy Shield Formally Adopted by European Commission

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Written By ESR News Blog Editor Thomas Ahearn

The European Commission has formally adopted the new EU-U.S. Privacy Shield framework to create stronger protection for transatlantic data flows between the European Union (EU) and the United States (U.S.), protect the fundamental rights of people in the EU with personal data being transferred to the U.S., and bring legal clarity for businesses relying on transatlantic data transfers, according to a press release from the European Commission. Continue reading