Category Archives: Recent Posts

European Commission Issues Guidance on Data Transfers to US after Safe Harbor Ruled Invalid


Written By ESR News Blog Editor Thomas Ahearn

The European Commission has issued guidance on transatlantic data transfers and is urging the establishment of a new data transfer agreement within three months after an October 6, 2015 ruling by the European Court of Justice invalidated the Safe Harbor pact allowing data transfers between the European Union (EU) and the United States (US), according to a European Commission press release. Continue reading

Banks Have Special Obligation to Perform Background Checks when Hiring


Written By ESR News Blog Editor Thomas Ahearn

Banks and financial entities have a special obligation to exercise care when hiring due to regulations and the need to maintain a workforce that clients will trust. To help with this task, Attorney Lester Rosen, founder and CEO of Employment Screening Resources (ESR), will present a Greg Souther Bank Webinar titled “Who is Your Bank Hiring: Trends, Legal Developments and Regulatory Obligations for Employment Background Checks” on Tuesday, November 17, 2015 from 2 PM to 4 PM Eastern Time (11AM to 1 PM Pacific Time). Continue reading

Using Social Networking Sites to Screen Job Applicants Can Be Risky Business for Employers


Written By ESR News Blog Editor Thomas Ahearn

To help employers navigate through legal pitfalls when using the Internet to screen job applicants, Attorney Lester Rosen, CEO of Employment Screening Resources (ESR), will present the webinar “Screening Applicants Using Social Networking Sites” with Clear Law Institute on November 12, 2015, from 3:00 PM to 4:15 PM ET. Continue reading

Supreme Court Hears Oral Arguments in Spokeo v. Robins


Written By ESR News Blog Editor Thomas Ahearn

On November 2, 2015, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Spokeo, Inc. v. Robins which could decide whether or not a plaintiff has the legal right, or “standing,” to bring a class action lawsuit for a technical violation of the Fair Credit Reporting Act (FCRA) if that individual suffered no actual concrete harm from the violation. Continue reading

President Obama to Announce Executive Order to Ban the Box for Federal Employers


Written By ESR News Blog Editor Thomas Ahearn

United States President Barack Obama will announce an Executive Order to Ban the Box and remove the question about the criminal history of applicants from the job applications for hiring by federal employers, according to “FACT SHEET: President Obama Announces New Actions to Promote Rehabilitation and Reintegration for the Formerly Incarcerated” on the website. Continue reading

CFPB Orders Background Check Firms to Pay $13 Million for Alleged Inaccurate Reports


Written By ESR News Blog Editor Thomas Ahearn

The Consumer Financial Protection Bureau (CFPB) is ordering two of the nation’s largest employment background check firms to correct their practices, provide $10.5 million in relief to harmed consumers, and pay a $2.5 million civil penalty for allegedly failing to take steps to ensure the information they reported about job applicants was accurate, according to a news release on the CFPB website. Continue reading

Sprint Could Face Lawsuit for Alleged FCRA Violations during Credit Checks


Written By ESR News Blog Editor Thomas Ahearn

A complaint filed by a Chicago, Illinois man in Cook County Circuit Court claims that Sprint Corp. allegedly violated the federal Fair Credit Reporting Act (FCRA) by using non-compliant disclosure forms before checking the credit of job applicants, according to a report on the Cook County Record website. Continue reading

E-Verify Records Over Ten Years Old to Be Deleted at End of Year


Written By ESR News Blog Editor Thomas Ahearn

The U.S. Citizenship and Immigration Services (USCIS) has announced that all E-Verify transaction records more than ten years old will be deleted from the system effective January 1, 2016, to comply with the retention and disposal schedule of the National Archives and Records Administration (NARA). Continue reading

New York City Fair Chance Act Notice Published by NYC Commission on Human Rights


Written By ESR News Blog Editor Thomas Ahearn

Effective October 27, 2015, the Fair Chance Act (FCA) amends the New York City Human Rights Law (NYCHRL) to prohibit most employers in the city from inquiring about criminal history of job applicants until after a conditional offer of employment is extended. To help city employers comply with the FCA, the NYC Commission on Human Rights (NYCCHR) published a “Fair Chance Act Notice” that employers can use to perform an analysis of applicants under Article 23-A of the New York Correction Law. Continue reading