Category Archives: Recent Posts

OSHA Electronic Accident Reporting Rule Could Affect Post-Injury Drug Testing by Employers

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Written By ESR News Blog Editor Thomas Ahearn

On May 12, 2016, the Occupational Safety and Health Administration (OSHA) issued a Final Rule in the Federal Register requiring certain employers to electronically submit injury and illness data to OSHA that they must keep under existing OSHA regulations. The rule also states that “OSHA believes the evidence in the rulemaking record shows that blanket post-injury drug testing policies deter proper reporting.” Continue reading

DOJ Significantly Increases Fines for Form I-9 Violations

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Written By ESR News Blog Editor Thomas Ahearn

On June 30, 2016, the U.S. Department of Justice (DOJ) published a Final Rule in the Federal Register that will significantly increase fines for Form I-9 violations that include incorrect Form I-9 paperwork, unlawful employment of unauthorized workers, and unfair immigration-related employment practices. Continue reading

Course Teaches Employers How to Properly Use Criminal Records for Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester Rosen, founder and CEO of Employment Screening Resources® (ESR), will teach a course with Compliance World entitled “Employers – Your Use of Criminal Records Could Get You Sued” on Thursday, July 28, 2016, from 2:00 p.m. to 3:30 p.m. ET / 11:00 a.m. to 12:30 p.m. PT. To register for this event, which is approved for 1.50 HR Certification Institute (HRCI) credits, click here. Continue reading

New Philadelphia Law Prohibits Employers from Using Credit Information of Employees and Job Applicants

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Written By ESR News Blog Editor Thomas Ahearn

The Philadelphia (PA) Ordinance No. 160072 that took effect on July 7, 2016, amends Chapter 9-1100 of The Philadelphia Code entitled “Fair Practices Ordinance: Protections Against Unlawful Discrimination,” by adding a section that prohibits employers from obtaining or using credit information regarding employees and job applicants in certain circumstances. Continue reading

Ex-City Contractor Hired Without Criminal Background Check Charged in Theft

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Written By ESR News Blog Editor Thomas Ahearn

A contractor who served two jail sentences before being hired by Newburyport, Massachusetts as the city’s parks manager without undergoing a background check has been charged in the theft of $43,000, according to an article posted on The Daily News of Newburyport website. Continue reading

Court Rules Texas May Challenge EEOC Criminal Background Check Guidance

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Court of Appeals for the Fifth Circuit has ruled in Texas v. EEOC (No. 14-10949, 6/27/16) that the Lone Star state may challenge in court the U.S. Equal Employment Opportunity Commission (EEOC) enforcement guidance on the use of criminal background checks by employers, according to a report from Bloomberg BNA. Continue reading

EU-U.S. Privacy Shield Formally Adopted by European Commission

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Written By ESR News Blog Editor Thomas Ahearn

The European Commission has formally adopted the new EU-U.S. Privacy Shield framework to create stronger protection for transatlantic data flows between the European Union (EU) and the United States (U.S.), protect the fundamental rights of people in the EU with personal data being transferred to the U.S., and bring legal clarity for businesses relying on transatlantic data transfers, according to a press release from the European Commission. Continue reading

NAPBS Submits Comments to OPM on Proposed Revisions to Federal Agency Hiring Practices

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Written By ESR News Blog Editor Thomas Ahearn

The National Association of Professional Background Screeners (NAPBS) – which currently represents more than 750 member companies engaged in employment and tenant background screening across the United States – has submitted comments in response to the U.S. Office of Personnel Management’s (OPM) request for comment on its proposed rule concerning revisions to federal agency hiring practices. Continue reading

Safe Hiring Expert Attorney Lester Rosen to Co-Present Session at 2016 NAPBS Annual Conference

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Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester S. Rosen, author of “The Safe Hiring Manual” and CEO of Employment Screening Resources® (ESR), will co-present the session “Compliance and Litigation: Working Effectively with Outside Counsel and Expert Witnesses” at the 2016 National Association of Professional Background Screeners (NAPBS®) Annual Conference from 4:00 p.m. to 4:50 p.m. on Tuesday, September 20, 2016, in Palm Desert, California. NAPBS members may register at www.napbs.com/events/2016-annual-conference/. Continue reading