Category Archives: Recent Posts

Safe Hiring Expert Lester Rosen to Present Webinar on California Background Check Laws December 2

Since the Golden State has a unique set of background check laws, Attorney Lester Rosen, Founder and CEO of San Francisco, CA-area based Employment Screening Resources® (ESR), will present the webinar “Dealing with ‘Only in California’ Laws Regulating Employment Screening and Safe Hiring” on Monday, December 2, 2013 from 11:00 AM to 12:00 Noon PT at the HR.com ‘HR In California’ virtual conference. For more information and to register for the event, visit http://www.hr.com/stories/1380526039340. Continue reading

Study Finds Social Media Background Screening by Employers May Discriminate against Job Seekers

The study ‘An Experiment in Hiring Discrimination via Online Social Networks’ by researchers at Carnegie Mellon University (CMU) has found that sharing too much personal information on social networks may lead to hiring discrimination by employers using social media to screen job seekers, according to a story available at http://www.cmu.edu/homepage/computing/2013/fall/too-much-information.shtml. Continue reading

Class Action Lawsuit against Background Firm Alleging Fair Credit Reporting Act Violations Demonstrates Importance of Legal Compliance

The importance of legal compliance and background checks was underscored in the filing of a class action lawsuit in the Los Angeles County Superior Court on November 1, 2013 against a Florida based background screening firm for violations of the federal Fair Credit Reporting Act (FCRA).  The lawsuit seeks statutory damages that can be $100 to $1,000 for every consumer that was the subject of a background check done using the forms and methods that were the subject of the complaint.  The lawsuit also request punitive damages. The law also provides for attorneys fees. The case is Los Angeles County Superior Court case BR 526352. Continue reading

New E-Verify Security Enhancement Helps Deter Employee Fraud

The U.S. Citizenship and Immigration Services (USCIS) has announced that a new security enhancement to the E-Verify electronic employment eligibility system program will help combat identity fraud by identifying and deterring fraudulent use of Social Security numbers (SSNs) for employment eligibility verification. The complete announcement from the USCIS is available at http://www.uscis.gov/news/new-security-enhancement-helps-e-verify-deter-employee-fraud. Continue reading

Background Check Firms Agree to Pay More than 18 Million Dollars to Settle Claims of FCRA Violations

Two background check firms have agreed to pay $18.6 million to settle three class action lawsuits alleging violations of the federal Fair Credit Reporting Act (FCRA) for “failing to take reasonable measures to ensure the accuracy of background check report provided to prospective employers.” A story by TopClassActions.com about the lawsuits is available at http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/5437-background-check-firms-agree-to-18m-class-action-settlement. Continue reading

Drug Testing Index of US Workers Reveals Decline in Drug Use but Rise in Positive Tests for Prescription Drugs

The 25th anniversary Drug Testing Index™ (DTI) from Quest Diagnostics has revealed overall drug use among American workers declined 74 percent over the past 25 years but positive drug tests for drugs such as amphetamines and prescription opiates has risen dramatically. For more information about the study – released to coincide with the passage of the Drug-Free Workplace Act 25 years ago today on November 18 – visit http://www.questdiagnostics.com/home/physicians/health-trends/drug-testing. Continue reading

Michigan Ban the Box Bill would Prevent Employers from Asking about Felony Convictions on Job Applications

Legislation under consideration in Michigan – HOUSE BILL No. 4366 – would “Ban the Box” on job applications that employers use to ask applicants about felony convictions with certain exceptions, according to a report on MLive.com. The complete text of HOUSE BILL No. 4366 is available at http://legislature.mi.gov/documents/2013-2014/billintroduced/House/htm/2013-HIB-4366.htm. Continue reading

Annual Retail Theft Survey Shows More Dishonest Employees Stole from US Retailers in 2012

Employee theft rose in the U.S. in 2012 as more than 70,000 dishonest employees were apprehended and over $50 million was recovered from employee apprehensions, according to the 25th Annual Retail Theft Survey by leading loss prevention firm Jack L. Hayes International. More information about the survey is available at http://hayesinternational.com/news/annual-retail-theft-survey/. Continue reading

Texas Sues EEOC over Guidance for Criminal Background Checks

The State of Texas has filed suit against the U.S. Equal Employment Opportunity Commission (EEOC) over Guidance for use of criminal records of job applicants by employers for criminal background checks that may exclude convicted felons from employment. The complaint STATE OF TEXAS vs. EEOC is available at http://www.esrcheck.com/file/State-Of-Texas-vs-EEOC.pdf. Continue reading