Category Archives: Recent Posts

New California Credit Report Check Law Unnecessary and Confusing for Employers According to Safe Hiring Expert

With new restrictions on the use of credit report checks by employers for employment purposes in California set to take effect January 1, 2012, a safe hiring expert speaking on KCBS News Radio in San Francisco about the upcoming credit check regulations said the new law – California Assembly Bill 22 (AB 22) – is unnecessary and confusing.  He further commented that the law essentially standardizes best practices for background checks that employers across the country should be following already. Continue reading

Diploma Mills Offering Fake Degrees and False Credentials Likely to Increase in Tight Job Market

A 2011 report from Europe’s leading background screening firm revealed an astounding 48 percent increase worldwide in the number of known fake diploma mills in the previous year, and the number of what the report describes as “largely online entities whose degrees are worthless due to the lack of valid accreditation and recognition” is likely to increase in the coming year as desperate job applicants knowingly – and unknowingly – do business with companies that offer fake degrees and false credentials for a price. This is Trend Number 6 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit Continue reading

New California Law Penalizes Employers for Willful Misclassification of Independent Contractors in 2012

Effective January 1, 2012, a new California law – Senate Bill 459 (SB 459) – imposes stiff penalties that range between $5,000 to $25,000 for the “willful misclassification” of independent contractors by employers “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.” To read SB 459, visit: Continue reading

Employment Screening Lawsuits Increase as Attorneys and Consumers Become Familiar with FCRA Laws Regulating Background Checks

Consumers and attorneys are looking more closely at background check reports and laws governing employment screening and filing more lawsuits against employers. On one hand, employers are being sued by victims that alleged the employer failed to perform adequate screening. On the other, employers and background screening firms also face lawsuits from job applicants complaining about the accuracy of background reports, or failure to meet the guidelines of the federal Fair Credit Reporting Act (FCRA). In a number of cases, class action suits are being utilized as the vehicle to bring legal actions against employers. This is Trend Number 7 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit Continue reading

New E-Verify Laws Create Complex Web of Federal and State Rules for Employers

While federal law mandates that federal contractors and subcontractors in all states must use the otherwise voluntary electronic employment eligibility verification system known as E-Verify, several U.S. states – including Alabama, Arizona, California, Georgia, and North Carolina – recently enacted laws mandating the use (or non-use) of E-verify, a free web-based system that allows employers to verify the legal work authorization status of newly hired employees, creating a complex and confusing web of laws and regulations. This is Trend Number 8 of the fifth annual  ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit Continue reading

New California Background Check Laws Impacting Employers Take Effect January 1 2012

With the new year fast approaching, employers in California – and employers doing business in California – need to be aware of two new laws taking effect on January 1, 2012 that will change the way they conduct employment screening background checks in the state: California Assembly Bill 22 (CA AB 22), which relates the use of credit report checks of job applicants and current employees for employment purposes, and California Senate Bill 909 (CA SB 909), which relates to the “offshoring” of the Personally Identifiable Information (PII) of consumers who are the subjects of background checks. Continue reading

Offshoring Personally Identifiable Information Outside of US Increases Concern Over Privacy and Identity Theft

A new California law due to take effect January 1, 2012 – Senate Bill 909 (SB 909) – appears to be one of the first in the nation that addresses the growing concerns over the controversial practice of “offshoring” personally identifiable information (PII) collected during background checks of job applicants by sending the data outside of United States and its territories and beyond the protection of U.S. privacy and identity theft laws. This is Trend Number 9 of the fifth annual Employment Screening Resources (ESR) ‘Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit Continue reading

Self Background Checks Proactively Conducted by Job Seekers to Help Verify Accuracy of their Public Information

If jobseekers want to get hired for a job these days, they will probably have to undergo a background check. And if they have to undergo a background check, it would be in their best interest to make sure the information found on the background check is accurate, up-to-date, and complete. As a result, some jobseekers are taking matters in their own hands by proactively conducting “self” background checks on themselves to verify the accuracy of their public information. This is Trend #10 on the list of the fifth annual Employment Screening Resources (ESR) ‘Top 10 Trends in Background Checks’ for 2012. To view the list, visit Continue reading

Top Background Check Trends for 2012 To Be Announced by Employment Screening Resources

The Fifth Annual ‘ESR Top Ten Trends in Employment Background Checks’ for 2012 from Employment Screening Resources (ESR), a nationwide background check company accredited by The National Association of Professional Background Screeners (NAPBS), will be announced by ESR founder and CEO Lester Rosen in the coming weeks on the ESR News Blog at Each new trend will then be added to ESR’s ‘Top Ten Trends in Employment Background Checks’ for 2012 page at Continue reading

New Class Action Lawsuit against Major Financial Institution for FCRA Violations Demonstrates Importance of Legal Compliance

A class action case filed against a large financial institution – one of the nation’s top 10 banks – shows once again that legal compliance is a critical part of any background screening program.  The lawsuit was filed on behalf of an employee alleging violations of the federal Fair Credit Reporting Act (FCRA). According to a press release from the Attorneys for the Plaintiff, the lawsuit alleges that the financial institution obtained background checks in violation of the FCRA and failed to provide required notices.  The Plaintiff seeks to represent a class of all of the financial institution’s employees and job applicants for the past three years. Continue reading