Category Archives: Recent Posts

Background Screening Mobile Apps May Violate Fair Credit Reporting Act FTC Warns

The Federal Trade Commission (FTC) has warned marketers of six mobile applications that provide background screening “apps” that they may be in violation of the Fair Credit Reporting Act (FCRA), a federal law enforced by the FTC, and that they must comply with the FCRA if they have reason to believe the background screening reports they provide are being used for employment, housing, credit, or other similar purposes. The FTC press release is available at: http://www.ftc.gov/opa/2012/02/mobileapps.shtm. Continue reading

European Data Protection Regulation Overhaul Proposed by European Commission

To help individuals enjoy effective control over their personal information, an extensive January 2012 proposal by the European Commission for a new General Data Protection Regulation aims to strengthen and bring into harmony data protection law across Europe. A Communication from the Commission, ‘Safeguarding Privacy in a Connected World – A European Data Protection Framework for the 21st Century,’ is at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0009:FIN:EN:PDF. Continue reading

Jobs Report for January 2012 Reveals US Economy Added 243000 Jobs

Led by widespread job growth in the private sector, ‘THE EMPLOYMENT SITUATION – JANUARY 2012’ report released today by the U.S. Department of Labor’s Bureau of Labor Statistics reveals total nonfarm payroll employment added 243,000 jobs in January 2012 while the unemployment rate decreased to 8.3 percent and the number of unemployed persons fell to 12.8 million. The Employment Situation for January 2012 will be available at http://www.bls.gov/news.release/pdf/empsit.pdf  until the Employment Situation for February 2012 is released Friday, March 9, 2012. Continue reading

ADP Employment Report for January 2012 Shows Private Sector Added 170000 Jobs

Private sector employment in the United States increased by 170,000 jobs from December 2011 to January 2012 on a seasonally adjusted basis led by the private service-providing sector adding 152,000 jobs and small businesses adding 95,000 jobs, according to the January 2012 ADP National Employment Report® from Automatic Data Processing, Inc. (ADP®). The complete ADP report for January 2012 is available at: http://www.adpemploymentreport.com/pdf/FINAL_Report_January_12.pdf. Continue reading

Identity Theft Crackdown by IRS and Justice Department Targets 105 People in 23 States

As part of a stepped-up effort against tax refund fraud and identity theft, the Internal Revenue Service (IRS) and the Justice Department have announced that a massive nationwide sweep last week targeting 105 people in 23 states to crack down on suspected identity theft perpetrators resulted in 939 criminal charges related to identity theft, according to a news release on the IRS website available at: http://www.irs.gov/newsroom/article/0,,id=253147,00.html?portlet=108. Continue reading

Alleged Killing by Cafe Worker with Criminal Past Demonstrates Need for Small Business to Perform Background Checks

A recent story from The Charlotte Observer about an ex-felon hired to work at a cafe who allegedly killed a pregnant cafe manager by fatally stabbing her during a robbery demonstrates the need for small businesses to perform background checks, as well as the risks taken when hiring employees with criminal records or the exposure to legal liability faced when failing to conduct thorough background checks on job applicants. The Charlotte Observer story ‘Killing puts background checks in spotlight’ is available at: http://www.charlotteobserver.com/2012/01/28/2965684/killing-puts-background-checks.html. Continue reading

Background Check Class Action against Employer for Violations of the Fair Credit Reporting Act Survives Challenge

In yet another class action alleging that an employer did not comply with the legal requirements of the federal Fair Credit Reporting Act (FCRA), a federal court in Maryland refused a motion to dismiss a class action that alleges that Domino’s Pizza failed to comply with the requirements of the FCRA, the federal law that regulates pre-employment background screening.  In a decision filed January 25, 2012, the Court did not rule on the facts, but ruled that the plaintiffs had made a sufficient showing to deny a motion by the employer to dismiss. In addition, the court refused to strike allegations that the conduct was willful, which means that the plaintiff faces statutory damages as well as potential punitive damages.

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Caregiver Background Checks Rising as Millions of US Adults Care for Aging Parents

With the National Institute on Aging (NIA) estimating that approximately seven million Americans are long-distance caregivers for their aging parents who live an hour or more away, the need for trusted and qualified caregivers in rising fast and is expected to grow over the next four decades as the segment of the U.S. population between 20 and 64 – the age group most often faced with caregiving – shrinks while the share of people 65 and older rapidly expands, this according to the Associated Press (AP) story ‘Millions now manage aging parents’ care from afar’ published in various news outlets. Continue reading

Workplace Violence Research Shows Increase in Homicides Committed by Work Associates

A new report “Violence in the Workplace” by the National Council on Compensation Insurance, Inc. (NCCI) shows that while work-related homicides and injuries due to workplace assaults remain well below levels observed in the mid-1990s, homicides committed by “work associates” – a Bureau of Labor Statistics (BLS) category made up of both coworkers and customers – have increased. To view the complete report, visit: https://www.ncci.com/documents/Workplace_Research.pdf. Continue reading

International Background Screening Seminar in Amsterdam Features US Safe Hiring Expert

Attorney and safe hiring expert Lester Rosen, Founder and CEO of accredited U.S. background check firm Employment Screening Resources (ESR), will speak on “The Challenges of Safe and Smart Hiring” at the Employee & Background Screening Seminar in Amsterdam, The Netherlands on February 2, 2012 from 3:30 PM to 7:00 PM Local Time. For more information and to register for the seminar, visit http://cv-ok.nl/inschrijven. Continue reading