Category Archives: Recent Posts

Safe Hiring Expert to Present Session at HR West 2012 Conference on Laws Regulating Employment Screening

To help employers examine their background screening process against state and federal laws to ensure legal compliance, safe hiring expert Attorney Lester Rosen, CEO of San Francisco-area based background check firm Employment Screening Resources (ESR), will present the session ‘Extreme Caution Advised: Dealing With Federal and State Laws Regulating Pre-employment Screening and Safe Hiring,’ at the HR West 2012 Conference on Tuesday April 24, 2012 from 11:00 a.m. to 12:15 p.m. PST in the South San Francisco Conference Center. For more information, visit: http://www.hrwest.org/?q=content/407-extreme-caution-advised-dealing-federal-and-state-laws-regulating-pre-employment. To obtain the session in a PDF format after the conference, visit http://www.esrcheck.com/HRWest.

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Tax Return Identity Theft Legislation Introduced on Tax Day April 17

On the day taxes are due for Americans, April 17, 2012, House Representative Debbie Wasserman Schultz (D-FL) and House Judiciary Committee Chairman Lamar Smith (R-TX) introduced bipartisan legislation – The Stopping Tax Offenders and Prosecuting Identity Theft Act (H.R. 4362) – to help stop the growing problem of tax return identity theft and protect tax payers from identity thieves who file tax returns using names of other people to receive their tax refund checks. According to the Internal Revenue Service (IRS), more than 850,000 tax returns and $5.8 billion were associated with tax return identify theft in 2011 alone. Continue reading

Inaccurate Criminal Background Checks from Data Brokers that Cost Job Seekers Employment Coming Under Fire

In recent weeks, inaccurate criminal background checks from data brokers containing errors that cost job seekers employment have come under fire on several fronts, including a final privacy protection report from the Federal Trade Commission (FTC) recommending regulations on data brokers, a letter sent to the Consumer Financial Protection Bureau (CFPB) asking for a strengthening of the Fair Credit Reporting Act (FCRA), a report from the National Consumer Law Center (NCLC) on inaccurate background check reports, and an article written by safe hiring expert Attorney Lester Rosen, CEO of accredited background check firm Employment Screening Resources (ESR), that is available at http://www.esrcheck.com/articles/NCLC-Report-on-Criminal-Background-Checks-Inaccurate.php. Continue reading

Report Claiming Inaccurate Criminal Background Checks Cost Jobseekers Employment Contains Inaccuracies According to Safe Hiring Expert

A new report on background check companies from the National Consumer Law Center (NCLC) called ‘Broken Records: How Errors by Criminal Background Checking Companies Harm Workers and Businesses’ that claims mistakes on criminal background screening reports conducted for employers prevents many job seekers from finding work “is itself fatally flawed with errors and inaccuracy,” according to a safe hiring expert. To address the “erroneous information and unfounded conclusions” contained in the report, Attorney Lester S. Rosen has written an article, ‘Consumer Group Report on Inaccurate Criminal Background Check Reports Loses Impact Due to Lack of Objectivity and Errors,’ that is available at http://www.esrcheck.com/articles/NCLC-Report-on-Criminal-Background-Checks-Inaccurate.php. Continue reading

Consumer Financial Protection Bureau Asked to Strengthen Enforcement of FCRA for Criminal Background Checks of Job Applicants

The National Employment Law Project (NELP), National Consumer Law Center (NCLC), and Community Legal Services, Inc. (CLS) recently sent a letter to the Consumer Financial Protection Bureau (CFPB) providing information on a proposed Summary of Rights and regulatory changes to strengthen the protections found in the Fair Credit Reporting Act (FCRA) regarding criminal background checks on job applicants for employment. The letter to the CFPB is available at http://www.nelp.org/page/-/SCLP/2012/NELPrecommendationstoCFPBforFCRAenforcement.pdf?nocdn=1. Continue reading

Chamber of Commerce Urges OMB to Require EEOC to Allow Public Input on Background Check Guidance

In a recent letter to the Office of Management and Budget (OMB), the U.S. Chamber of Commerce urged the OMB to require the Equal Employment Opportunity Commission (EEOC), the nation’s leading enforcer of employment anti-discrimination laws, to allow a review by the OMB and public input as the EEOC prepares to issue new enforcement guidance on the use of criminal background checks and credit background checks by employers. The text of the letter from the Chamber regarding ‘Forthcoming Significant Guidance from EEOC on Employer Use of Credit and Criminal History’ is available at: http://op.bna.com/dlrcases.nsf/id/kmgn-8szk2j/$File/ChamberCrim.pdf. Continue reading

Maryland Passes First Law Prohibiting Employers from Asking Employees and Job Applicants for Social Media Passwords

The state of Maryland has passed the first law in the nation to prohibit employers from asking employees and job applicants for social media passwords. Both Houses of the Maryland General Assembly have approved identical versions of a social media privacy protection bill – Senate Bill 433 (SB 433)/House Bill 964 (HB 964) – that prohibits employers from requesting or requiring employees or job applicants to disclose their user names or passwords to social media websites such as Facebook and other personal Internet sites and Web-based accounts as a condition of employment. (Update: Maryland Governor Officially Signs Facebook Password Law). Continue reading

Federal Trade Commission Privacy Report Recommends Legislation to Regulate Data Brokers

The Federal Trade Commission (FTC), the nation’s chief privacy policy and enforcement agency, recently issued a final report – ‘Protecting Consumer Privacy in an Era of Rapid Change: Recommendations For Businesses and Policymakers’ – urging businesses to adopt best practices to protect the privacy of American consumers and contains important recommendations regarding data brokers and give them greater control over the collection and use of their personal data. One recommendation in the FTC report, available at http://www.ftc.gov/os/2012/03/120326privacyreport.pdf, is that Congress consider enacting data broker legislation. Continue reading

March 2012 Employment Situation Report from US Labor Department Shows 120000 Jobs Added

Following three months of average gains of 246,000 jobs per month, total nonfarm payroll employment in the United States slowed in March 2012, rising only by 120,000 jobs, while the unemployment rate fell to 8.2 percent, according to ‘THE EMPLOYMENT SITUATION — MARCH 2012’ released today by the U.S. Department of Labor’s Bureau of Labor Statistics. The report also changed employment figures for January 2012 from a gain of 284,000 jobs down to 275,000 jobs, while February 2012 figures were revised from a gain of 227,000 jobs up to 240,000 jobs. The labor Department’s Employment Situation Report for March 2012 is available at http://www.bls.gov/news.release/pdf/empsit.pdf  until the April 2012 Employment Situation Report is released on Friday, May 4, 2012. Continue reading

USCIS Proposes Revisions to Form I-9 for Employment Eligibility Verification and Seeks Public Comment

The U.S. Citizenship and Immigration Services (USCIS) – the government agency that oversees lawful immigration to the United States – recently published a notice in the Federal Register inviting public comment on proposed revisions to the ‘Form I-9, Employment Eligibility Verification’ that employers must complete for all newly hired employees to verify their identity and authorization to work in the United States. The notice is available at http://www.gpo.gov/fdsys/pkg/FR-2012-03-27/pdf/2012-7340.pdf and the proposed revisions are available at http://www.regulations.gov/#!documentDetail;D=USCIS-2006-0068-0013. Continue reading