Written By ESR News Blog Editor Thomas Ahearn A temporary staffing agency will pay $435,000 to settle a race and national origin discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) that claimed the company illegally granted placement preferences to Hispanic Temps over African American Temps, the EEOC has announced.Continue reading "Temporary Staffing Agency to Pay $435,000 to Settle EEOC Race Discrimination Suit"
Written By ESR News Blog Editor Thomas Ahearn A staffing company has agreed to settle a class action lawsuit that claims the firm allegedly violated the federal Fair Credit Reporting Act (FCRA) when obtaining background checks on job applicants, according to a TopClassActions.com report.Continue reading "Staffing Company Settles FCRA Class Action Lawsuit"
Written By ESR News Blog Editor Thomas Ahearn A judge in Washington state has denied a motion of summary judgement filed by Amazon.com and a staffing company in a class action lawsuit claiming the online retail giant violated the federal Fair Credit Reporting Act (FCRA), according to a TopClassActions.com report.Continue reading "Amazon Motion of Summary Judgement Denied in FCRA Lawsuit"
Written By ESR News Blog Editor Thomas Ahearn The dangers of lawsuits against employers for the actions of their staffing vendors may have increased with the August 27, 2015 decision by the National Labor Relations Board (NLRB) in a case where the definition of a “joint” employer was expanded by holding that the ability …Continue reading "New NLRB Joint Employer Standard Could Increase Liability for Acts of Staffing Vendors"
Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) In a class action lawsuit filed in federal court in Seattle on April 7, 2015, a major national online retailer and a staffing firm that provides workers have been sued in a class action lawsuit alleging that the defendants failed to …Continue reading "Class Action Lawsuit against Major National Online Retailer Underscores Need to Comply with the FCRA"
By Lester Rosen, Attorney and President of Employment Screening Resources (ESR) A staffing firm that places individuals in temporary positions with independent employers cannot be sued under the federal Fair Credit Reporting Act (FCRA) when a background check firm hired by the staffing firm delivers a background check report that is inaccurate or erroneous. In …Continue reading "Court Rules Staffing Firm that Outsources Background Checks Cannot be Sued Under FCRA"
By Lester S. Rosen, President of ESR (First published on RecruitingTrends.com) As the recession begins to slowly turn around, employers are naturally cautious about increasing the size of the workforce until it becomes clear that hiring additional full-time workers is justified. The solution traditionally has been to hire through staffing agencies so that an employer …Continue reading "Staffing Vendors, Co-employment, Background Checks, and Lawsuits"
In a recent state court case that concerned a fact pattern familiar to background screening specialist, a local office of a national staffing firm supplied an employer with a bookkeeper that turned out to have criminal record for felony fraud and who misrepresented her educational background. The worker embezzled $138,350. However, since the employer did …Continue reading "Staffing firm supplies embezzler with felony fraud conviction but not liable to Employer"