Category Archives: Recent Posts

Newark Bans the Box by Restricting Use of Criminal Background Checks by Employers Starting November 18

The City of Newark, New Jersey has passed Ordinance 12-1630 that takes effect Sunday, November 18, 2012 and will “ban the box” on job applications asking applicants about criminal records until they have been deemed qualified and eligible for employment and after a conditional job offer, thus restricting the ability of employers in the city with five or more employees to run criminal background checks. The text of Ordinance 12-1630 is available at http://www.esrcheck.com/file/NewarkOrdinance12-1630Text.pdf. Continue reading

Workplace Violence Accounts for Nearly One in Every Five Fatal Work Injuries in US

Preliminary statistics from the 2011 Census of Fatal Occupational Injuries (CFOI) program conducted by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) reveal that nearly one in every five fatal work injuries was attributed not to accidents but to workplace violence. The CFOI found that of the 4,609 total fatal work injuries recorded in the United States in 2011, 780 fatalities – or nearly 17 percent – were a result of violence and other injuries by persons or animals. For more information about the 2011 Census of Fatal Occupational Injuries (CFOI), visit: http://stats.bls.gov/iif/oshcfoi1.htm#2011. Continue reading

Background Checks Used by Two Popular Caregiver Websites Approved Babysitters with Arrest Records

Two popular caregiver screening websites that help people find babysitters and elder care helpers using background checks performed by national background screening firms approved several applicants with arrest records, according to a report by NBC Chicago’s Unit 5 Investigative Team. The report, which checked the reliability of the information these babysitter screening websites provided, is available at http://www.nbcchicago.com/investigations/unit-5-babysitter-background-checks-179041071.html. Continue reading

Court Holds Federal Fair Credit Reporting Act Is Constitutional and Does Not Violate First Amendment

A large background screening firm facing a class action lawsuit alleging inaccurate reports in violation of the federal Fair Credit Reporting Act (FCRA) failed in its attempt to have the FCRA declared unconstitutional on the basis that it violates the right to free speech under the First Amendment. A Pennsylvania federal court ruled on November 6, 2012 that the FCRA was constitutional since it regulated information disseminated for private purposes for a fee, and not to the public. More information about the ruling is available at http://www.paed.uscourts.gov/documents/opinions/12D1046P.pdf. Continue reading

New E-Verify and Form I-9 Employee Rights Webinar Presented by USCIS and DOJ Civil Rights Division

A new webinar co-presented by the U.S. Citizenship and Immigration Services (USCIS) and Department of Justice (DOJ) Civil Rights Division will help jobseekers, workers, and worker advocates understand employee rights in the Form I-9 and E-Verify processes. For information about the free live webinar – which takes place on Tuesday, November 13, 2012 and Thursday, November 15, 2012 – read the USCIS bulletin at http://content.govdelivery.com/bulletins/gd/USDHSCIS-5b3c81. Continue reading

National Association of Professional Background Screeners Responds to NBC Today Show Report on Background Checks

The National Association of Professional Background Screeners (NAPBS) Chairman Fred Giles has called an NBC Today Show report about pre-employment background checks and how background check firms make errors that mistake innocent people for criminals causing them to lose jobs “misleading” as well as “potentially dangerous.” The full NAPBS statement from Chairman Fred Giles about the NBC Today Show report is available at http://www.napbs.com/files/napbs_today_show_response.pdf. Continue reading

Marijuana Legalization Legislation Passed in Colorado and Washington Could Affect Workplace Drug Testing

Legislation legalizing recreational marijuana use that passed in two states on Election Day November 6, 2012 – Colorado Amendment 64 and Washington Initiative 502 – would legalize and regulate production, possession, and distribution of marijuana for persons age 21 and older and could affect drug testing by employers in the workplace, according to the eNewsletter State Drug Testing Laws Monthly. To stay current on state laws concerning drug testing, visit http://www.statedrugtestinglaws.com/. Continue reading

Security Industry Association Sends Letter of Opposition to Michigan Senate Bills that Weaken Background Checks

The Security Industry Association (SIA) has sent a letter of opposition to Michigan Statehouse leadership strongly urging the defeat of Senate Bill 1291 (SB 1291) and Senate Bill 1292 (SB 1292), the “Internet Protocol-Enabled Premises Security, Monitoring, and Control Act” and amendments to “Private Security Business and Security Alarm Act.” According to the SIA letter, this legislation circumvents current law in the State of Michigan by weakening background checks on security system installers in that state. For more information, visit the SIA Press Room at https://www.siaonline.org/content.aspx?id=10750. Continue reading

Election 2012 Finds Nearly 6 Million Americans with Felony Convictions Unable To Vote

Most American adults are urged to vote on Election Day. However, many U.S. citizens are unable to vote. Approximately 5.8 million Americans have lost their right to vote in the 2012 Election due to a felony conviction and four states – Florida, Iowa, Kentucky, and Virginia – permanently disenfranchise ex-felons, according to the civil rights organization Advancement Project. The full story is available at: http://www.advancementproject.org/news/entry/states-deny-millions-of-ex-felons-voting-rights. Continue reading

California Background Checks Discussed by Safe Hiring Expert in Live Webinar on November 14

Attorney and safe hiring expert Lester Rosen, Founder and CEO background check firm Employment Screening Resources (ESR), will present a live webinar titled ‘Background Checks in California: Know the Rules of the Road Before Getting on the Freeway’ with HR Hero® on Wednesday, November 14, 2012 from 10:30 a.m. to 12:00 p.m. Pacific Time. To register for the 90 minute webinar, which has been approved for up to 1.5 recertification credit hours through the HR Certification Institute (HRCI), visit: http://store.hrhero.com/events/audio-conferences-webinars/ca-background-checking. Continue reading