Category Archives: Recent Posts

San Francisco Ban the Box Ordinance Takes Effect August 13

Ban the Box Information Page

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

The San Francisco Fair Chance Ordinance – also known as the Ban the Box Ordinance – will take effect Wednesday, August 13, 2014. This Ordinance will require employers with San Francisco City or County offices and worksites who have 20 or more employees to follow strict rules about inquiring into and using criminal record history of job applicants and employees. Continue reading

Florida Law Firm Files Three Class Action Lawsuits on Same Day against Employers Alleging Violation of FCRA with Background Checks

Background Check Class Action Lawsuits

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

A Florida law firm filed federal class action lawsuits in the same court against three separate national employers on the same day, with two of them naming the same consumer as the lead plaintiff, alleging violations of the federal Fair Credit Reporting Act (FCRA) by failure to obtain a valid background check consent on an online application process. Continue reading

OOIDA Members Lawsuit Challenges FMCSA Pre-Employment Screening Program

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

Six members of the Owner-Operator Independent Drivers Association (OOIDA) have filed a class action lawsuit in federal court in Boston, MA against the Federal Motor Carrier Safety Administration (FMCSA) under the Federal Privacy Act, according to a press release from OOIDA. The lawsuit charges that the FMCSA is “unlawfully disseminating reports of driver safety records to potential employers.” The class action complaint is available here. Continue reading

Background Checks Not Required at Carnivals and Fairs

ESR News Blog

Written By ESR News Blog Editor Thomas Ahearn

Oregon and Washington – along with the federal government – do not require carnivals and fairs to run criminal background checks on employees who work around children and sometimes even handle them, according to a report by the KATU Channel 2 On Your Side Investigators in Portland, Oregon. Continue reading

E-Verify Can Help Employers Ensure Legal Workforces

Written By ESR News Blog Editor Thomas Ahearn

E-Verify NewsAfter more than 100 workers were accused of providing fake identification to get their jobs at a Florida business, employers wanting to avoid a similar situation may consider using the federal E-Verify employment eligibility system to ensure a legal workforce, according to a report from WZVN-TV ABC7 in Fort Myers, FL. The report is available at Continue reading

Illinois Governor Signs Ban the Box Legislation

Written By ESR News Blog Editor Thomas Ahearn

ESR News Blog about IllinoisIllinois Governor Pat Quinn has signed “Ban the Box” legislation – HB 5701 (Job Opportunities for Qualified Applicants Act) – that will help ex-offenders find work in the private sector by preventing criminal background checks until after an applicant is deemed qualified for a job. The law takes effect January 1, 2015. The full text is available at Continue reading

DHS Questioned about Contract to Background Check Firm

Written By ESR News Blog Editor Thomas Ahearn

ESR News BlogRepresentative Elijah Cummings (D-MD) and Senator Tom Coburn (R-OK) have written a letter to Department of Homeland Security (DHS) Secretary Jeh Johnson asking for an explanation about the awarding of a $190 million contract to a background check firm accused of “alleged fraudulent activity” with investigations in the past, according to a Federal News Radio report available at: Continue reading

Disney Stresses Background Checks after Investigation

Written By ESR News Blog Editor Thomas Ahearn

ESR News BlogA six-month CNN investigation has uncovered “at least 35 Disney employees arrested since 2006 and accused of sex crimes involving children, trying to meet a minor for sex, or for possession of child pornography.” The investigation also found the arrests of five Universal Studios Florida employees and two SeaWorld employees. So far, a total of 32 have been convicted. A CNN report about the investigation, which led Walt Disney World to issue a statement stressing employee background checks, is available at Continue reading

Legal Risks of Background Checks Examined in Webinar

Written By ESR News Blog Editor Thomas Ahearn

Background Checks & Legal ComplianceA panel of three legal experts will present a live 90 minute Continuing Legal Education (CLE) webinar to examine the legal risks employers face when conducting background checks and discuss the U.S. Equal Employment Opportunity Commission (EEOC) Guidance on then use of criminal records for hiring decisions. The webinar will take place on Wednesday, July 23, 2014 from 1:00 p.m. to 2:30 p.m. EDT/ 10:00 a.m. to 11:30 a.m. PDT. For more information, visit Continue reading