Category Archives: Recent Posts

Texas Bill Seeks to Prevent Private Criminal History Database Companies from Reporting Expunged Records

Legislation pending in in the state of Texas – Senate Bill 990 (SB 990) – would prevent private companies that compile criminal history information in a database that is available in a searchable format from maintaining or sharing information about expunged records once they have received notice that the record has been expunged. The bill also seeks to create a listing of database companies so that notices of expungements can be directed to those who might have outdated information. More information about Texas Senate Bill 990 is available at Continue reading

Federal Trade Commission Warns Data Brokers about Possible Fair Credit Reporting Act Violations

The Federal Trade Commission (FTC) has sent letters to ten data broker companies to warn them that their practices could violate the Fair Credit Reporting Act (FCRA). The letters were issued as part of a global privacy protection effort after a test-shopping operation by the FTC indicated the ten companies were willing to sell consumer information without following FCRA requirements. A news release from the FTC about the warning letters is available at Continue reading

Maryland Becomes Latest State to Ban the Box Asking Questions about Criminal History from Job Applications

With the signing Senate Bill 4 (SB 4) by Governor Martin O’Malley, Maryland became the ninth U.S. state to “Ban the Box” and remove questions about criminal history from state job applications while also postponing questions about criminal records of applicants until later in the hiring process.  SB 4 removes the criminal history question from state applications and defers the background check to later in the hiring process. To read SB 4, visit Continue reading

New Form I-9 for Employment Eligibility Verification Must Be Used by Employers Starting May 7

The U. S. Citizenship and Immigration Services (USCIS) is reminding employers to use the new Form I-9, Employment Eligibility Verification (Rev. 03/08/13) N for newly hired employees in the United States starting Tuesday, May 7, 2013. The new Form I-9 that all employers must begin using by May 7, 2013 is available at Continue reading

April 2013 Employment Situation Report from Bureau of Labor Statistics Shows 165000 Jobs Added

Total nonfarm payroll employment in the United States rose by 165,000 jobs in April 2013 while the unemployment rate dipped to 7.5 percent and the number of unemployed persons remained at 11.7 million, according to ‘THE EMPLOYMENT SITUATION — APRIL 2013’ report released today by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS). Until next month’s report is released, the April 2013 Employment Situation Report is available at Continue reading

FTC Approves Final Order Settling Charges against Criminal Background Check Report Marketers

The Federal Trade Commission (FTC) has approved a final order settling charges that Filiquarian Publishing LLC, Choice Level LLC, and their CEO operated as a consumer reporting agency (CRA) that provided criminal background check reports to be used for employment decisions without taking consumer protection measures required by the Fair Credit Reporting Act (FCRA).  A press release from the FTC about the final order is available at Continue reading

April 2013 ADP National Employment Report Shows Increase of 119000 Jobs

Private sector employment in the U.S. increased by 119,000 jobs from March 2013 to April 2013 on a seasonally adjusted basis, according to the April 2013 ADP National Employment Report® produced by Automatic Data Processing, Inc. (ADP®) in collaboration with Moody’s Analytics. The April 2013 ADP report also revised the estimated gain from February 2013 to March 2013 down to 131,000 jobs. To view the full report, visit Continue reading

US Senate Confirms New Commissioner of Equal Employment Opportunity Commission

The U.S. Senate has confirmed Jenny Yang to serve in the post of Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination. Her term will expire on July 1, 2017.  A ‘Senate Floor Wrap Up’ for Thursday, April 25, 2013, the date of confirmation, is available at Continue reading

Colorado Employment Opportunity Act Specifies Permissible Use of Credit Reports by Employers Starting July 1

Governor of Colorado John Hickenlooper has signed into law a bill passed by the Colorado General Assembly – SB13-018, the “Employment Opportunity Act” – that specifies the purposes for which consumer credit information such as consumer credit reports and credit scores can be used by private sector employers or potential employers with four or more employees in making employment-related decisions. More information about the “Employment Opportunity Act”, which takes effect July 1, 2013, is available at Continue reading

Background Checks in California and How to Comply with New EEOC Guidance Explained in Webinar

Attorney Lester Rosen, Founder and CEO of San Francisco-area background check firm Employment Screening Resources® (ESR), will present a live California Employer Advisor (CEA) webinar titled ‘Background Checks in California: How To Comply with the EEOC’s Recently Issued Enforcement Guidance’ on Tuesday, April 30, 2013 from 10:30 a.m. to 12:00 noon Pacific. The webinar is available exclusively to CEA online subscribers at no cost. Non-members interested in the webinar may sign up for a membership. For more information, click here. Continue reading