New York State AG Secures Agreements with Background Check Firms

Written By Thomas Ahearn

ESR News BlogNew York State Attorney General Eric T. Schneiderman has announced his office has secured agreements with four large background check firms that will prohibit them “from automatically disqualifying applicants with criminal convictions and require the agencies to defer hiring decisions to employers who must conduct an individualized consideration of candidates in accordance with New York State law.” A press release about the agreements is available at http://www.ag.ny.gov/press-release/ag-schneiderman-announces-agreements-background-check-agencies-end-illegal-hiring. (Español) Continue reading

San Francisco Ban the Box Notice Available

Written By Thomas Ahearn

Ban The BoxStarting August 13, 2014, the Fair Chance Ordinance (FCO) will require employers doing business in San Francisco with 20 or more employees to “Ban the Box” and remove questions on applications asking about the criminal history of job applicants. The San Francisco Office of Labor Standards Enforcement, which will enforce the Fair Chance Ordinance, has issued an English version of the Ban the Box notice that employers must post where readily accessible to job applicants and employees. The San Francisco Ban the Box notice is available at http://sfgsa.org/modules/showdocument.aspx?documentid=11600. Continue reading

March BLS Jobs Report Shows Increase of 192000 Jobs

Written By Thomas Ahearn

Jobs ReportTotal nonfarm employment in the United States increased by 192,000 jobs in March 2014 while the unemployment rate at 6.7 percent and the number of unemployed persons at 10.5 million were unchanged, according to ‘THE EMPLOYMENT SITUATION — MARCH 2014’ jobs report released by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS). The current jobs report is available at http://www.bls.gov/news.release/pdf/empsit.pdf. Continue reading

Employers Not Using Background Checks at Risk

Written By Thomas Ahearn

homepage-checkAttorney Lester Rosen, founder and CEO of background check firm Employment Screening Resources® (ESR), says in a Business News Daily article that employers not using background checks are at risk since they are welcoming strangers into their businesses when hiring new employees who have not been properly vetted. The article ‘Employee Background Checks: What’s Legal, What’s Not’ is available at http://www.businessnewsdaily.com/6166-why-you-need-to-use-background-checks.html. Continue reading

March ADP Employment Report Shows 191000 Jobs Added

Written By Thomas Ahearn

Jobs ReportPrivate sector employment in the United States increased by 191,000 jobs from February 2014 to March 2014, according to the March 2014 ADP National Employment Report® produced by Automatic Data Processing, Inc. (ADP®) in collaboration with Moody’s Analytics. The report is available at http://www.adpemploymentreport.com/2014/March/NER/NER-March-2014.aspx. Continue reading

Class Action Lawsuit Over Background Checks

Written By Thomas Ahearn

homepage-legalA former independent contractor fired for failing a background check has filed a class action lawsuit in New Jersey federal court against UBS Financial Services Inc. for alleged systematic violations of the federal Fair Credit Reporting Act (FCRA) by failing to provide copies of background checks and including illegal language in consent forms. The class action lawsuit PLASTERS v. UBS FINANCIAL SERVICES, INC. is available at http://ia700702.us.archive.org/33/items/gov.uscourts.njd.301246/gov.uscourts.njd.301246.1.0.pdf. Continue reading

Background Check Forms Under Increased Scrutiny

Written By Thomas Ahearn

homepage-legalA federal court decision from a District Court in Pennsylvania granted summary judgment in favor of a class of more than 1,800 job applicants and ruled the employer’s background check consent and disclosure form was improper since the form contained a waiver of liability even though such language is a common practice among some businesses. The ruling in the case of Reardon v. Closetmaid Corporation is available at http://docs.justia.com/cases/federal/district-courts/pennsylvania/pawdce/2:2008cv01730/89928/157. Continue reading

Background Check Stops New USF Basketball Coach Hire

Written By Thomas Ahearn

home-applicant-generated-report-systemThe University of South Florida (USF) will not hire Manhattan College’s Steve Masiello as its new men’s basketball coach after a background check found he had never completed his bachelor’s degree at the University of Kentucky (UK) as claimed on his résumé, according to a report from The Tampa Tribune available at http://tbo.com/sports/colleges/usf-bulls/usf-deal-with-coach-falls-through-20140326/. Continue reading

Safe Hiring Expert to Speak at 2014 Recruiting Trends Conference on April 3

Written By Thomas Ahearn

LesRosenPhoto_Aug2012_SmallWhiteBorderTo help raise awareness of the potential dangers of social media usage by recruiters, Attorney Lester S. Rosen, author of ‘The Safe Hiring Manual,’ will present the session ‘Legal Pitfalls and Minefields in the New Age of Recruiting’ on Thursday, April 3, 2014 from 2:30 PM to 3:20 PM at the 2014 Recruiting Trends Conference in Alexandria, Virginia. More information about the conference, which will be held from April 2 to April 4, 2014, is available at http://www.recruitingtrends.com/conference. Continue reading