Tag Archives: Lester Rosen

New E-Verify State Laws for 2013 Will Add to Already Confusing Patchwork of Regulations for Employers

On January 1, 2013, new E-Verify laws will take effect in Georgia, North Carolina, Pennsylvania, and Tennessee requiring many private employers to register for and begin using the federal E-Verify electronic employment eligibility verification system. This trend of states making their own laws for E-verify, an internet-based program that compares information from Form I-9s to government records to confirm that newly hired or current employees are authorized to work in the United States, only adds to the already confusing patchwork of regulations for employers to follow to maintain legal compliance. This is Trend Number 7 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Use of National Criminal Databases No Substitution for County Courthouse Searches during Real Background Checks

A background check tool currently touted to employers as a “national criminal database” search from data aggregators who advertise access to a nationwide database full of millions of criminal records from all states can create an impression that employers are gaining access to all of the nation’s criminal records in one search. However, nothing could be further from the truth, and an emerging trend has employers realizing “national” databases may not contain accurate or complete information and are only a research tool that should never be substituted for a real “hands on” county courthouse search for criminal records. This is Trend Number 8 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Government Increases Action Against Consumer Reporting Agencies Using Background Checks in Violation of FCRA

The Federal Trade Commission (FTC) recently submitted written testimony to the U.S. Commission on Civil Rights summarizing the Fair Credit Reporting Act (FCRA) requirements that relate to the use of consumer reports in employment in protecting the rights of job applicants and employees under the FCRA, according to a news release available at http://www.ftc.gov/opa/2012/12/fcra.shtm.  The FTC testimony on the FCRA – which promotes the accuracy, fairness, and privacy of information from Consumer Reporting Agencies (CRAs) – is an example of the trend of the government increasing action against CRAs violating the law. This is Trend Number 9 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Background Checks Becoming Integrated with ATS and HRIS to Create One Stop Shop for Screening and Hiring

In today’s technology driven business world, employment background checks are quickly becoming integrated with Applicant Tracking System (ATS), Human Resources Information System (HRIS), and other systems to create a virtual “One-Stop Shop” for screening and hiring. This emerging trend of background checks becoming integrated with ATS, HRIS, and other systems should increase in the coming year. This is Trend Number 10 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Employment Screening Resources to Announce Top Ten Background Check Trends for 2013

The 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ list featuring emerging and influential trends in the background check industry compiled by nationwide accredited background check firm Employment Screening Resources (ESR) will be announced by ESR Founder and CEO Attorney Lester Rosen on the ESR News Blog in the coming weeks. Each trend will appear on the ‘ESR Top Ten Background Check Trends for 2013’ page at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Safe Hiring Expert to Present Webinar on How Employers Can Comply with New EEOC Criminal Guidance

Attorney Lester Rosen, Founder and CEO of background check firm Employment Screening Resources (ESR), will present a webinar with Avant Resources to help employers maintain compliance with new U.S. Equal Employment Opportunity Commission (EEOC) Guidance for the use of criminal records. The hour long webinar, ‘How Employers Can Comply with the New EEOC Criminal Guidance,’ will take place on Wednesday, December 12, 2012 at 12:00 p.m. PT, and more information is available at: http://www.avantresources.com/store/events/how-employers-can-comply-with-the-new-eeoc-criminal-guidance. Continue reading

Consumer Financial Protection Bureau Announces New Corrected Forms Required by FCRA for Background Checks Starting January 1 2013

In November 2012, the Consumer Financial Protection Bureau (CFPB) announced in the Federal Register corrections to typographical and technical errors in the earlier versions of three new essential CFPB forms required by the Fair Credit Reporting Act (FCRA) in the background screening process starting January 1, 2013. These forms include ‘A Summary of Your Rights Under the Fair Credit Reporting Act,’ ‘NOTICE TO USERS OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA,’ and ‘NOTICE TO FURNISHERS OF INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE FCRA.’  The CFPB announcement is available at https://www.federalregister.gov/articles/2012/11/14/2012-27581/fair-credit-reporting-regulation-v-correction. Continue reading

Mobile App Developers Must Comply with California Online Privacy Protection Act by November 29

Effective November 29, 2012, all mobile application developers with “apps” available in California must be in compliance with the California Online Privacy Protection Act, according to a press release issued by  Attorney General Kamala D. Harris on October 30, 2012. The Attorney General formally notified up to 100 mobile app developers with ‘Notice of Non-Compliance with California Online Privacy Protection Act’ letters that they had 30 days to “conspicuously post a privacy policy within their app that informs users of what personally identifiable information about them is being collected and what will be done with that private information.” The press release is available at http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-notifies-mobile-app-developers-non-compliance. Continue reading

Safe Hiring Expert to Present Five Hour Seminar on Background Checks in San Francisco on December 4

Attorney and safe hiring expert Lester S. Rosen, Founder and CEO of background check firm Employment Screening Resources (ESR), will present a five hour seminar titled “Conducting Background Checks Thoroughly and Legally” for the Northern California Human Resources Association (NCHRA) on Tuesday, December 4, 2012 from 9:30 AM to 3:30 PM PST at the NCHRA Training Center, 425 California Street, Suite 500, in San Francisco, California. For information and to register for the seminar, which qualifies for 5 General/MCLE Recertification credits, visit http://m360.nchra.org/event.aspx?eventID=45969. Continue reading

Court Holds Federal Fair Credit Reporting Act Is Constitutional and Does Not Violate First Amendment

A large background screening firm facing a class action lawsuit alleging inaccurate reports in violation of the federal Fair Credit Reporting Act (FCRA) failed in its attempt to have the FCRA declared unconstitutional on the basis that it violates the right to free speech under the First Amendment. A Pennsylvania federal court ruled on November 6, 2012 that the FCRA was constitutional since it regulated information disseminated for private purposes for a fee, and not to the public. More information about the ruling is available at http://www.paed.uscourts.gov/documents/opinions/12D1046P.pdf. Continue reading