Category Archives: Recent Posts

Uber Settles FTC Allegations Over Deceptive Privacy and Data Security Claims

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Written By ESR News Blog Editor Thomas Ahearn

The Federal Trade Commission (FTC) has announced that Uber Technologies, Inc. agreed to settle FTC charges over deceptive privacy and data security claims that the ride-sharing company “deceived consumers by failing to monitor employee access to consumer personal information and by failing to reasonably secure sensitive consumer data stored in the cloud.” Continue reading

Survey Reveals Nearly Half of Job Applicants Lie on their Resume

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Written By ESR News Blog Editor Thomas Ahearn

Nearly half – 46 percent – of more than 1,000 workers and 300 senior managers reported they knew job applicants who misrepresented themselves and included false information on a resume, a 25 point rise up from only 21 percent in 2011, according to a survey from staffing service OfficeTeam. Continue reading

Appeals Court Finds FCRA Lawsuit Over Background Check Disclosures Lacks Article III Standing

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Written By ESR News Blog Editor Thomas Ahearn

On August 1, 2017, the United States Court of Appeals for the Seventh Circuit held that a plaintiff who filed class action lawsuits claiming extraneous information in a background check disclosure form violated the federal Fair Credit Reporting Act (FCRA) lacked the necessary Article III standing under the U.S. Constitution for a lawsuit. Continue reading

Webinar Shows Employers What Steps to Take to Comply with EEOC Criminal Record Guidance

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Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester Rosen, founder and CEO of Employment Screening Resources® (ESR), will present a live webinar sponsored by Clear Law Institute entitled “Practical Steps Employers Should Take to Comply with the New EEOC Criminal Record Guidance” on Tuesday, December 19, 2017, from 1:00 PM to 2:15 PM ET. Continue reading

Texas Supreme Court Rejects Claim of Compelled Self-Defamation Over Failed Drug Test

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Written By ESR News Blog Editor Thomas Ahearn

On May 26, 2017, the Texas Supreme Court delivered an opinion rejecting a claim of “compelled self-defamation” and declining to “recognize a theory of compelled self-defamation in Texas” in a case where a worker who failed a random drug test filed a lawsuit claiming defamation since he would have to report his job loss for a failed drug test to future employers. Continue reading

Survey Reveals Nearly One in Five American Workers Face Hostile or Threatening Social Environment at Work

Written By ESR News Blog Editor Thomas Ahearn

A “disturbingly high” number of American workers – nearly one in five – face a hostile or threatening social environment at work, according to the latest American Working Conditions Survey (AWCS) that revealed the American workplace can be “very physically and emotionally taxing” for many workers. Continue reading

Appeals Court Rules FCRA Lawsuit Against Spokeo Establishes Sufficient Concrete Injury to Meet Article III Standing

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Written By ESR News Blog Editor Thomas Ahearn

On August 15, 2017, the Ninth U.S. Circuit Appeals Court ruled in the case of Robins v. Spokeo on remand from the Supreme Court of the United States that a man who claimed an online “people search engine” violated the federal Fair Credit Reporting Act (FCRA) by providing inaccurate information about him has sufficient “concrete injury” to meet the Article III standing established by a Supreme Court ruling in May of 2016. Continue reading

Study Finds Average Time to Hire for U.S. Employers Grew to 23.8 Days

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Written By ESR News Blog Editor Thomas Ahearn

The average time to hire from start to finish of the interview process for employers in the United States was 23.8 days in the first half of 2017 – up nearly a full day when compared to the average time to hire of 22.9 days in 2014 – and the average length of the job interview process grew longer depending on the region and industry, according to a worldwide study conducted by Glassdoor. Continue reading

Courier Service Settles Background Check Lawsuit for $2.5 Million Over Alleged FCRA Violations

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Written By ESR News Blog Editor Thomas Ahearn

Applicants who applied for job with Postmates – a  logistics company that operates a network of couriers who deliver goods locally – may be entitled to payment from a $2.5 million class action lawsuit settlement fund over claims the company’s background check process allegedly violated the federal Fair Credit Reporting Act (FCRA), according to a news report on the Top Class Actions website. Continue reading

Retail Giant Walmart Faces Class Action Lawsuit for Alleged FCRA Violations with Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

Walmart faces a class action lawsuit that claims the retail giant allegedly violated the federal Fair Credit Reporting Act (FCRA) and California law by using unauthorized background checks on job applicants and employees without properly obtaining legal authorization, according to a Top Class Actions report. Continue reading