Category Archives: Recent Posts

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

State of Oregon Regulations on Background Checks Demonstrate Increasing Recognition of NAPBS Accreditation for Employment Screening Firms

The state of Oregon has specified in the Oregon Administrative Rules (OAR) that all background screening firms must be accredited by the National Association of Professional Background Screeners (NAPBS) or pass certain other requirements in order to conduct a criminal background check for certain health workers. The Oregon Administrative Rules are available at http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_333/333_536.html. Continue reading

January 2013 ADP National Employment Report Shows 192000 Jobs Added in Month

Private sector employment in the U.S. increased by 192,000 jobs from December 2012 to January 2013 on a seasonally adjusted basis, according to the January 2013 ADP National Employment Report® produced by Automatic Data Processing, Inc. (ADP®) in collaboration with Moody’s Analytics. The report also revised the estimated gain from November 2012 to December 2012 down by 30,000 to 185,000 jobs. For more information about the January 2013 ADP National Employment Report, visit http://www.adpemploymentreport.com/2013/January/NER/NER-January-2013.aspx. Continue reading

Kaplan Higher Learning Wins Summary Judgment in Nationwide Hiring Discrimination Lawsuit Filed by EEOC

Ending a two year dispute, Kaplan Higher Learning Education Corp. has won a summary judgment in a nationwide hiring discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) over Kaplan’s use of credit checks as part of its hiring process that the EEOC alleged violated Title VII due to an unlawful “disparate impact” on Black applicants. The full summary judgment in the case of EEOC vs. Kaplan is available at http://www.esrcheck.com/file/EEOCvsKaplan_SummaryJudgment.pdf. Continue reading

Avoiding Negligent Hiring with Background Checks Explained in Interactive Webinar on February 6

Attorney Lester S. Rosen, Founder and CEO of background check firm Employment Screening Resources (ESR), will present an interactive webinar for Thompson Media Group, ‘Avoiding Negligent Hiring with Background Checks,’ on Wednesday, February 6, 2013 from 2:00 p.m. to 3:30 p.m. EST. To learn more about the webinar, which has been pre-approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI), please visit http://www.thompsoninteractive.com/site/offer.jsp?promo=001665EM&priority=00295706380. Continue reading

Department of Justice Reaches Agreement with Food Service Provider Over Alleged Discrimination Violations with E-Verify

The Department of Justice (DOJ) has announced an agreement with a South Carolina-based Food Service provider to resolve allegations of violating the anti-discrimination provision of the Immigration and Nationality Act (INA) during the employment eligibility verification process that included the federal E-Verify program.  Under the terms of the agreement, the Food Service provider, one of the largest hospitality companies in the world, will pay $250,000 in civil penalties, the third highest amount paid through settlement since enactment of the INA’s anti-discrimination provision in 1986.  For more information about the agreement, visit http://www.justice.gov/opa/pr/2013/January/13-crt-026.html. Continue reading