Category Archives: Recent Posts

Legislation to Prevent Employers from Requesting Social Media Passwords Introduced or Pending in 28 States

At least 28 states have legislation that has been introduced or is pending in 2013 to prevent employers from requesting usernames and passwords to various social media and personal Internet accounts of employees and job applicants to get or keep a job, according the National Conference of State Legislatures (NCSL). A list of legislation regarding employer access to social media information as of February 15, 2013 is available on the NCSL website at http://www.ncsl.org/issues-research/telecom/employer-access-to-social-media-passwords-2013.aspx. Continue reading

House Subcommittee on Immigration and Border Security Holds Hearing on E-Verify Employment Eligibility Verification System

On Wednesday, February 27, 2013, the House Subcommittee on Immigration and Border Security held a hearing entitled “How E-Verify Works and How it Benefits American Employers and Workers” in Washington, D.C. Members at the hearing discussed whether use of the E-Verify employment eligibility verification system should be required by all U.S. employers to check the legal work status of newly hired employees as part of proposed legislation to reform the nation’s immigration system. To watch a video webcast of the meeting, visit http://judiciary.house.gov/hearings/113th/hear_02272013.html. Continue reading

Identity Theft Tops Annual FTC List of National Consumer Complaints for 13th Consecutive Year

Identity theft in general – and tax- or wage-related fraud in particular – has once again topped the list of complaints received by the Federal Trade Commission (FTC) for the 13th consecutive year in the annual FTC Consumer Sentinel Network Data Book for January – December 2012. The report, which marks the first year the FTC received more than 2 million complaints overall, found that 369,132 complaints – or 18 percent –  were related to identity theft, with more than 43 percent of those complaints related to tax- or wage-related fraud. The FTC Consumer Sentinel Network Data Book for 2012 is available at http://www.ftc.gov/sentinel/reports/sentinel-annual-reports/sentinel-cy2012.pdf. Continue reading

Complaints to EEOC Allege National Retailer Discriminated against Job Applicants with Criminal Records

The National Association for the Advancement of Colored People (NAACP) and the community group TakeAction Minnesota have accused a large national retailer of unfair hiring practices that allegedly discriminated against job applicants with criminal records in ten formal complaints filed with the U.S. Equal Employment Opportunity Commission (EEOC). More information about this story is available on the Minneapolis (MN) Star Tribune website at http://www.startribune.com/business/192087561.html. Continue reading

2013 Identity Fraud Report Shows Dollar Amount Stolen Increased to Three Year High of 21 Billion

The number of identity fraud incidents increased by one million more consumers over the past year and the dollar amount stolen increased to a three-year high of $21 billion, according to the ‘2013 IDENTITY FRAUD REPORT: Data Breaches Becoming a Treasure Trove for Fraudsters’ from Javelin Strategy & Research. The report also explored the relationship between the compromise of personal information in a data breach and fraud incidence and found that nearly 1 in 4 data breach notification recipients became a victim of identity fraud. For more information, visit https://www.javelinstrategy.com/brochure/276. Continue reading

EEOC Discusses Progress of Strategic Plan for Fiscal Years 2012 to 2016 in Public Meeting on February 20

The U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting on February 20, 2013 to discuss progress, achievements, and implementation of the EEOC Strategic Plan for Fiscal Years 2012 to 2016 that was approved in a 4-1 vote in February 2012. The Strategic Plan serves as a framework for the EEOC to achieve its mission to stop and remedy unlawful employment discrimination by focusing on three objectives: strategic law enforcement, education and outreach, and efficiently serving the public. Information about the meeting is available at http://www.eeoc.gov/eeoc/meetings/2-20-13/index.cfm. Continue reading

E-Verify Employment Eligibility Verification System Receives High Ratings in Customer Satisfaction Survey

The U.S. Citizenship and Immigration Services (USCIS) has announced that users of the federal E-Verify online system that allows businesses to verify the employment eligibility of their employees to work in the United States gave the program high marks in a recent customer satisfaction survey. More than 1,300 randomly selected employers across the nation who use E-Verify rated the program as exceptionally high in overall customer satisfaction with an average score of 86 out of 100 on the American Customer Satisfaction Index (ACSI) scale, 19 points above the current federal government average. To view the entire E-Verify ACSI report, visit here: ‘E-Verify Customer Satisfaction Survey, Final Report, January 2013.’ Continue reading

FDIC Modifies Statement of Policy for Section 19 of Federal Deposit Insurance Act

In December of 2012, the Federal Deposit Insurance Corporation (FDIC) Board of Directors modified the Statement of Policy (SOP) for Section 19 of the Federal Deposit Insurance (FDI) Act which prohibits a person convicted of a criminal offense involving dishonesty, breach of trust, money laundering, or who has entered into a pretrial diversion program, from working at an FDIC-insured institution without prior written consent of the FDIC. The updated SOP for Section 19 of the FDI Act, which includes modifications the de minimis exceptions regarding the potential fine and the number of days of imprisonment, is available on the FDIC website at http://www.fdic.gov/news/news/financial/2013/fil13003.html. Continue reading

New EEOC Criminal Record Guidance Subject of Session at SHRM Conference in Albuquerque on February 25

Attorney Lester Rosen, a safe hiring expert and founder and CEO of background check firm Employment Screening Resources (ESR), will present a session titled ‘Practical Steps to Comply with the New Equal Employment Opportunity Commission (EEOC) Criminal Record Guidance’ at the 2013 Society for Human Resource Management (SHRM) NM Employment Law & Legislative Conference in Albuquerque, New Mexico on Monday, February 25, 2013 from 2:00 PM to 3:15 PM MST. For more information and to register for the SHRM conference, visit http://www.shrmnm.org/2013_Legislative_Conference.aspx. Continue reading

DOL Office of Contract Compliance Programs Issues Directive on Use of Criminal Records for Background Checks

The Department of Labor’s (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new Directive on ‘Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.’ The OFCCP Directive advises federal contractors and subcontractors about potential discriminatory liability resulting from using criminal records for employment background checks and warns policies that exclude workers with criminal records without taking into account the age and nature of the offense could violate Title VII of the Civil Rights Act by adversely impacting minority candidates. The OFCCP Directive, which took effect immediately, is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm. Continue reading