Category Archives: Recent Posts

New California Case Underscores Employers Confidential and Privacy Obligations Regarding Employment Screening Background Reports

A new California privacy case underscores the need for employers to respect the privacy of job applicants and maintain confidentially, regardless of whether information is shared in written form or in conversation. Although the case did not involve background checks, it concerned discussion of an employee’s personal medical condition with co-workers. The case is Ignat vs. YUM! Brands, Inc. filed March 18, 2013 for the California Fourth Appellate District. Continue reading

Minnesota Ban the Box Bill Regarding Criminal Records of Job Applicants Sent to Governor for Signature

A “Ban the Box” bill approved by the Minnesota House – SF 523 – would prevent private employers in the state from asking about the criminal history of job applicants until an interview or a conditional job offer. The bill has now been presented to Governor Mark Dayton for his signature, according to a report from the Star Tribune available at http://www.startribune.com/politics/statelocal/206699841.html. Continue reading

Safe Hiring Expert to Discuss Background Checks at 2013 Gulf Coast Symposium on Human Resource Issues

Attorney and safe hiring expert Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), will discuss background checks during two sessions at the 2013 Gulf Coast Symposium on Human Resource Issues on Wednesday, May 15, 2013 at the Reliant Center in Houston, Texas. Rosen’s first session will focus on international background checks while his second session will reveal the top background check trends for 2013. For more information about the 2013 Gulf Coast Symposium on Human Resource Issues, visit http://www.hrhouston.org/displaycommon.cfm?an=1&subarticlenbr=235. Continue reading

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seeks to create a listing of database companies so that notices of expungements can be directed to those who might have outdated information.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 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB990. 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 http://www.ftc.gov/opa/2013/05/databroker.shtm. 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 http://mgaleg.maryland.gov/2013RS/bills/sb/sb0004E.pdf. 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 http://www.uscis.gov/files/form/i-9.pdf. 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 http://www.bls.gov/news.release/pdf/empsit.pdf. 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 http://www.ftc.gov/opa/2013/05/filiquarian.shtm. 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 http://www.adpemploymentreport.com/2013/April/NER/NER-April-2013.aspx. Continue reading