Written By ESR News Blog Editor Thomas Ahearn On September 9, 2020, the U.S. Court of Appeals for the Eleventh Circuit held in the case of Domante v. Dish Networks, LLC that obtaining a consumer report to verify the identity and eligibility for a service of a consumer is a “legitimate business need” and a …Continue reading "Appeals Court Holds that Obtaining Consumer Report to Verify Identity is “Permissible Purpose” Under FCRA"
Written By ESR News Blog Editor Thomas Ahearn On September 21, 2020, the Colorado Office of the State Auditor (OSA) released a performance audit of the state’s Adult Protective Services (APS) Program at the Colorado Department of Human Services (CDHS) that found pre-employment background checks for servers of at-risk adults did not provide employers key …Continue reading "Audit Finds Gaps in Background Checks for Colorado Adult Protective Services"
Written By ESR News Blog Editor Thomas Ahearn On September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule addressing how to determine whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor and is encouraging public comment from interested parties, according to a DOL …Continue reading "DOL Proposes Rule to Determine Employees and Independent Contractors"
Written By ESR News Blog Editor Thomas Ahearn On September 3, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued an opinion letter in response to a request from a member of the public asking for clarity on the EEOC’s interpretation and enforcement of section 707(a) of Title VII of the Civil Rights Act of …Continue reading "EEOC Issues Opinion Letter on Section 707 of Title VII of Civil Rights Act of 1964"
Written By ESR News Blog Editor Thomas Ahearn The U.S. Immigration and Customs Enforcement (ICE) has announced that the U.S. Department of Homeland Security (DHS) will extend flexibilities in rules for Form I-9 compliance for an additional 60 days from September 19, 2020, to November 19, 2020, due to the COVID-19 pandemic, according to a …Continue reading "DHS Extends Form I-9 Compliance Flexibility Rules 60 Days to November 19"
Written By ESR News Blog Editor Thomas Ahearn Employers using continuous monitoring services that alert them to changes in the credit and criminal histories of their employees may have potential liability under the Fair Credit Reporting Act (FCRA), according to the article “Employers Need to Grasp Risks of Continuous Monitoring Services” on the Bloomberg Law® …Continue reading "Employers Using Continuous Monitoring Services Have Important Compliance Considerations"
Written By ESR News Blog Editor Thomas Ahearn On September 15, 2020, Hawaii Governor David Y. Ige signed Senate Bill 2193 (SB 2193) into law to amend the state’s original “Ban the Box” law passed in 1998 – the first of its kind in the United States – to strengthen protections for ex-offenders by reducing …Continue reading "Hawaii Amends Ban the Box Law to Strengthen Protections for Ex-Offenders"
Written By ESR News Blog Editor Thomas Ahearn On September 10, 2020, the Federal Trade Commission (FTC) released the agenda for the virtual “FTC Workshop on Data Portability” that will take place on September 22, 2020, to examine the potential benefits and challenges to consumers and competition raised by data portability, according to a press …Continue reading "FTC Releases Agenda for Virtual Data Portability Workshop on September 22"
Written By ESR News Blog Editor Thomas Ahearn Attorney Lester Rosen, founder and Chief Executive Officer (CEO) of leading global background check firm Employment Screening Resources® (ESR), will present a live webinar titled “Legally Obtaining and Using Criminal Records, and the Impact of the EEOC and Ban the Box” on Tuesday, October 20, 2020, from …Continue reading "Attorney Lester Rosen to Present Webinar about Legally Using Criminal Records"
Written By ESR News Blog Editor Thomas Ahearn Employment Screening Resources® (ESR) – a leading global background check provider with capabilities in more than 240 countries and territories – has received notification from the International Trade Administration (ITA) that ESR’s annual submission for its certification of adherence to the EU-U.S. and Swiss-U.S. Privacy Shield frameworks …Continue reading "Employment Screening Resources (ESR) Completes Annual Privacy Shield Certification for 2020"