Category Archives: Recent Posts

DOL Office of Contract Compliance Programs Issues Directive on Use of Criminal Records for Background Checks

The Department of Labor’s (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new Directive on ‘Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.’ The OFCCP Directive advises federal contractors and subcontractors about potential discriminatory liability resulting from using criminal records for employment background checks and warns policies that exclude workers with criminal records without taking into account the age and nature of the offense could violate Title VII of the Civil Rights Act by adversely impacting minority candidates. The OFCCP Directive, which took effect immediately, is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm. Continue reading

Workplace Romances Can End Happily in Marriage or Sometimes Unhappily in Lawsuits Against Employers

Just in time for February 14, the annual CareerBuilder Valentine’s Day Survey has revealed that 3 in 10 workers – 30 percent – who have dated a co-worker said their workplace romance led to marriage. However, the fact that nearly a third of all romances that started in the workplace resulted in marriage also means that more than two-thirds of such relationships may have already ended, perhaps even in a potentially messy breakup that could be bad for business. Continue reading

Safe Hiring Expert Lester Rosen Discusses Top Background Check Trends for 2013 on The Proactive Employer

Attorney Lester Rosen, a safe hiring expert and Founder and CEO of background check firm Employment Screening Resources (ESR), discussed ‘The Top Ten Trends for Background Checks in 2013 – What Every Employer Needs to Know’ during an interview by Stephanie R. Thomas, Ph. D., the host of The Proactive Employer, on February 7, 2013. To listen to the interview of Lester Rosen, visit http://www.blogtalkradio.com/theproactiveemployer/2013/02/07/the-top-10-trends-for-background-checks-in-2013. Continue reading

California Supreme Court Ruling on Discrimination Case Involving Mixed Motive May Impact Fair Employment and Housing Claims

On February 7, 2013, the California Supreme Court issued a unanimous decision in a case – Harris v. City of Santa Monica – that involved the “mixed motive” theory where the employer has both legitimate and discriminatory reasons for job actions such as termination and discipline. The Court ruled an employer can defeat an employee’s claim for damages in a discrimination case by proving with a preponderance of evidence it would have terminated the employee anyway for lawful reasons.  The ruling on Harris v. City of Santa Monica is available at http://www.courts.ca.gov/opinions/documents/S181004A.PDF. Continue reading

FTC Study on Credit Report Accuracy Finds One in Five Consumers has Error on Their Credit Reports

A Federal Trade Commission (FTC) study of accuracy in the U.S. credit reporting industry has found that one in five consumers – an estimated 40 million Americans, according to a ‘60 Minutes’ report on the FTC study – had an error on at least one of their three major credit reports while five percent had significant errors on one of their credit reports that could result in less favorable terms for auto loans and insurance. The full text of the FTC report is available at http://www.ftc.gov/os/2013/02/130211factareport.pdf. Continue reading

Allegation of Failure to Update FCRA Compliance Forms by National Retailer Leads to 3 Million Dollar Settlement

A large national retailer has settled an employment class action lawsuit for $3 million that alleged the company violated the federal Fair Credit Reporting Act (FCRA) by failing to send proper notices to nearly 65,000 plaintiffs who were job applicants. More detailed information about the settlement reached in Pitt v. KMart Corp., Case No. 11-cv-00697 is available at: http://www.archive.org/download/gov.uscourts.vaed.272989/gov.uscourts.vaed.272989.56.0.pdf. Continue reading

Legislation Introduced in Rhode Island Would Establish E-Verify Compliance Chapter in State Law

Rhode Island Representative Peter G. Palumbo (D-Dist. 16, Cranston) has introduced legislation – (2013-H5236) – that would establish an E-Verify Compliance chapter in state law requiring all employers in the state to participate in the federal program, according to a press release from Representative Palumbo. The legislation would require employers with 200 or more employees to use E-Verify no later than January 1, 2014, while employers with between 50 and 200 workers would have until July 1, 2014 and employers of 50 or fewer workers would have until January 1, 2015 to comply. To read the full version of (2013-H5236), visit http://webserver.rilin.state.ri.us/BillText13/HouseText13/H5236.pdf. Continue reading

Bad Hires Affected Nearly Seven in Ten Businesses in Past Year According to CareerBuilder Survey

Nearly seven in ten businesses were affected by a “bad hire” of a worker in the past year and nearly one in four employers reported a bad hire cost them more than $50,000, according to a CareerBuilder survey of nearly 2,500 hiring managers and human resource professionals that shows the cost of incorrectly choosing a new employee can be high. More information about the survey can be found at: http://www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?sd=12/13/2012&sc_cmp1=cb_pr730_&siteid=cbpr&id=pr730&ed=12/31/2012. Continue reading

Top Background Check Trends for 2013 Discussed by Safe Hiring Expert on Proactive Employer Show February 7

Attorney and safe hiring expert Lester Rosen, Founder and CEO of nationwide accredited background check firm Employment Screening Resources (ESR), will discuss ‘The Top Ten Trends for Background Checks in 2013 – What Every Employer Needs to Know’ on Thursday, February 7, 2012, from 3:00 PM to 4:00 PM Eastern (Noon to 1:00 PM Pacific) for The Proactive Employer internet radio talk show. To listen to the program hosted by Stephanie R. Thomas, Ph.D., visit http://www.thomasecon.com/tpe/shows/342-february-7-2013-top-10-trends-in-background-screening-for-2013.html. Continue reading

January 2013 BLS Employment Situation Report Shows Increase of 157000 Jobs

Total nonfarm payroll employment in the United States increased by 157,000 jobs in January 2013 while the unemployment rate at 7.9 percent and number of unemployed persons at 12.3 million changed little during the month, according to ‘THE EMPLOYMENT SITUATION — JANUARY 2013’ released today by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS). The report also revised the change in nonfarm employment for December 2012 from 155,000 jobs added up to 196,000 jobs added and the change for November 2012 was revised from 161,000 jobs added up to 247,000 jobs added. Until  The January 2013 Employment Situation Report from the BLS is available at http://www.bls.gov/news.release/pdf/empsit.pdf. Continue reading