Category Archives: Recent Posts

Class Action Lawsuit Challenges Legality of Retail Theft Databases in California for Background Checks

The use of a “Retail Theft Contributory Database” in California is being challenged in a class action lawsuit filed in federal Court in San Francisco on January 31, 2013.  The lawsuit alleges that this type of database violates both federal and state laws by providing information to retailers about detentions for suspicion of theft or fraud but did not result in a conviction. The lawsuit seeks damages of up to $1,000 for every California consumer that was the subject of a negative report within the last two years where there was not a conviction, as well as legal fees and other damages. Continue reading

Safe Hiring Expert Explains How to Comply with EEOC Criminal Record Guidance on February 12

To help employers understand the U.S. Equal Employment Opportunity Commission (EEOC) position on background checks, Attorney and safe hiring expert Lester Rosen, Founder and CEO Employment Screening Resources® (ESR), will present an audio conference with HRTrainingCenter.com titled ‘Complying With the New EEOC Criminal Record Guidance.’ This program takes place on Wednesday, February 12, 2014 from 2:00 p.m. to 3:30 p.m. Eastern Time and has been approved for 1.5 PHR/SPHR recertification credit hours through the HR Certification Institute. For more information, please visit http://hrtrainingcenter.com/showWCDetails.asp?TCID=1013106. Continue reading

January 2014 Employment Situation Report Shows Gain of 113000 Jobs

Total nonfarm employment in the United States rose by 113,000 jobs in January 2014 while the unemployment rate declined from 6.7 percent to 6.6 percent and the number of unemployed persons dropped from 10.4 million to 10.2 million, according to ‘THE EMPLOYMENT SITUATION — JANUARY 2014’ released today by the U.S. Department of Labor’s Bureau of Labor Statistics. The current Employment Situation report is available at http://www.bls.gov/news.release/pdf/empsit.pdf. Continue reading

EEOC Releases Enforcement and Litigation Data for Fiscal Year 2013

The U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – has released comprehensive enforcement and litigation statistics for fiscal year 2013 that show the EEOC obtained the highest monetary recovery in agency history, $372.1 million, an increase of $6.7 million. The enforcement and litigation statistics for fiscal year 2013, which ran from October 1, 2012 to September 30, 2013, are available on the EEOC website at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm. Continue reading

January 2014 ADP National Employment Report Shows 175000 Jobs Added

Private sector employment in the United States increased by 175,000 jobs from December 2013 to January 2014, according to the January 2014 ADP National Employment Report® produced by Automatic Data Processing, Inc. (ADP®) in collaboration with Moody’s Analytics. The complete report is available at http://www.adpemploymentreport.com/2014/January/NER/NER-January-2014.aspx. Continue reading

California Employers Face Sticky Situations when Using Background Checks

In his article ‘5 Sticky Background Check Situations Facing California Employers,’ Attorney Lester Rosen, Founder and CEO of San Francisco, CA-area background check firm Employment Screening Resources® (ESR), says employers in the Golden States need to know who they hire to avoid unqualified or dishonest job candidates but, at the same time, must be sure to follow proper legal procedures. The article is available to Northern California HR Association (NCHRA) members in the January 2014 HR West magazine at http://www.nchra.org/displaycommon.cfm?an=1&subarticlenbr=21. Continue reading

EEOC Scrutinizing Hiring Practices that Unfairly Screen out Job Applicants with Criminal Records

The U.S. Equal Employment Opportunity Commission (EEOC) is scrutinizing hiring practices and believes policies that screen out job applicants with criminal records could disadvantage minorities and lead to lawsuits, according to the article ‘Ex-Convict Hire Hurdle Draws U.S. Suits Against Employers.’ The EEOC has been enforcing employment discrimination laws with lawsuits and Attorney Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), believes this is “going to be an issue that employers need to wrap their heads around” this year. The article is available on Bloomberg.com at http://www.bloomberg.com/news/2014-01-31/ex-convict-hire-hurdle-draws-u-s-suits-against-employers.html. Continue reading

San Francisco May Soon Ban the Box for Criminal Records on Private Employer Job Applications

The San Francisco Board of Supervisors will soon consider a “Ban the Box” measure – Ordinance 131192 – that would prevent private sector employers in the city with more than 20 employees from asking about past criminal records of job seekers during the initial job application process, according to a San Francisco Chronicle report available online at http://www.sfgate.com/opinion/editorials/article/Ban-the-Box-gives-ex-offenders-chance-to-work-5187128.php. (UPDATE: ‘San Francisco supervisors pass ‘ban the box’ law’ http://www.sfgate.com/bayarea/article/San-Francisco-supervisors-pass-ban-the-box-law-5204942.php.)

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NCHRA Program Examines Safe Hiring Using Background Checks on February 5 in San Mateo CA

Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will present a three hour Northern California HR Association (NCHRA) program titled ‘Hiring Safe and Qualified Workers Using Pre-Employment Background Checks’ on Wednesday, February 5, 2014 from 9:00 a.m. to 12:00 p.m. Pacific Time in San Mateo, CA. To register for this event – which qualifies for three General Recertification Credits – visit http://m360.nchra.org/event.aspx?eventID=92592&instance=0. Continue reading

Altegrity Revives Talks to Sell Private Sector Screening Unit HireRight

According to a report from Reuters, background check provider Altegrity Inc. “has revived talks” to sell its HireRight unit that screens private-sector employees. The Reuters report is available at http://www.reuters.com/article/2014/01/26/us-hireright-sale-idUSBREA0P0SO20140126. Continue reading