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Holiday hiring_2

Thanksgiving is just a few weeks away, and that means Black Friday, shopping online, and holiday music overload as we get ready for the big gift-giving season. It’s hard to believe, but holiday hiring season is already well under way. If you hire holiday or other temporary workers, it’s important to hire ones that you can trust. [...]

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AutoZone

Memphis-based AutoZone Inc. (NYSE: AZO) is the latest company to be reluctantly inducted into the FCRA class action club. The company was hit with a suit for alleged violations of state and federal law in its background screening process. The case, Aceves et al. v. AutoZone Inc, filed on September 30, 2014 in the Central District of California, claims that the retailer violated the Fair Credit Reporting Act (FCRA), California’s Consumer Credit Reporting Agencies Act (CCRAA) and the Investigative Consumer Reporting Agency Act (ICRAA). [...]

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Compliance Employment Background Checks

For those interested in staying up-to-date with the latest in compliance for pre-employment background screening and the laws that affect your use of employment background checks, follow our publication, BTW: Your Guide to Staying Out of Hot Water. This compliance resource has been created by our VP of Compliance and General Counsel, Angela Preston, and is a must-read for human resources and security professionals.

Building a Smarter Sharing Economy with Background Checks

It’s nice to share. At least that’s what we learned as kids. But for some people, sharing is more than just nice—it’s a way to make a buck. I’m talking about the sharing economy, which Forbes estimates at $3.5 billion this year, with growth exceeding 25%. Read More

Employers’ Hands are Tied: New Washington D.C. Law Goes Beyond Ban the Box

With over a year of debate and some last minute amendments, the District of Columbia’s Council passed a ban-the-box law that includes its own unique list of considerations before an employer can withdraw an offer of employment based on criminal history. Read More

Congress Criticizes the EEOC’s Policy on Background Checks

Congress is showing signs of life in the constant fight for employers to conduct reasonable background checks. Representative Tim Walberg, R, Mich., chairman of the House Subcommittee on Workforce Protections, held the Equal Employment Opportunity Commission’s feet to the fire in a hearing on September 17, 2014. Read More



 

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Employment Background checks

It’s nice to share. At least that’s what we learned as kids. But for some people, sharing is more than just nice—it’s a way to make a buck. I’m talking about the sharing economy, which Forbes estimates at $3.5 billion this year, with growth exceeding 25%.  

For the uninitiated, in very simple terms, the sharing economy is a model where you loan out your stuff for a fee. It’s access over ownership. And the more we experiment with sharing as a business, the more participants are challenged by legal concerns, regulation, and operational details. Since one of the basic tenants of sharing is trust in the person and the product being shared, it’s time for some segments of the sharing economy to adopt a process that other business models have already embraced and acknowledged as a necessity—I’m talking about background checks. [...]

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Ban the box

With over a year of debate and some last minute amendments, the District of Columbia’s Council passed a ban-the-box law that includes its own unique list of considerations before an employer can withdraw an offer of employment based on criminal history.

Council vote was 12-1; only Chairman Phil Mendelson (D) voted against the bill. In an interview, Mendelson said that he supports the “basic thrust” of the legislation but that late amendments were “troublesome,” giving ex-offenders greater rights in the hiring process than other citizens. “This goes way beyond ‘ban the box’ and into telling businesses how to hire,” he said. “How much do we want to regulate how a business wants to hire somebody?” Exactly. [...]

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background checks ride-sharing

The Wall Street Journal reported yesterday that the three big ride-sharing services, Sidecar, Uber and Lyft, have received warning letters from the district attorneys of San Francisco and Los Angeles. The letters focus on two components of the ride-sharing business: background checks and car-pooling features. The D.A.s claim that the companies’ practices violate California law, and they’re threatening them with civil penalties and injunctions. Ironically, California is the home state for all three companies, and the place where ride sharing first became popular. [...]

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EEOC Policy on Background Checks

Congress is showing signs of life in the constant fight for employers to conduct reasonable background checks. Representative Tim Walberg, R, Mich., chairman of the House Subcommittee on Workforce Protections, held the Equal Employment Opportunity Commission’s feet to the fire in a hearing on September 17, 2014. The hearing focused on three recently introduced bills aimed to increase the accountability and transparency of the EEOC and to offer employers limited protections in the use of criminal history. [...]

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Jenny-Yang-EEOC

Jaqueline Berrien is leaving Washington and her post as the Chair of the Equal Employment Opportunity Commission (EEOC). Insert your own emoticon here. President Obama announced today that she’ll be replaced by Vice Chair, Jenny Yang. Congratulations are in order for Yang, who is the first Asian-American to chair the agency.

Yang was the favorite to replace Berrien when she was appointed Vice Chair in 2014—just one year after her appointment to the Commission. Yang’s term expires July 1, 2017. Yang is known for her work in the non-profit sector as well as her work as a litigator and partner with Washington-based plaintiff law firm Cohen Milstein Sellers & Toll P.L.L.C where she represented employees. Her firm Cohen Milstein represented workers in the Wal-Mart Stores Inc. gender discrimination litigation. [...]

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San fran skyline

Things aren’t getting any easier for employers in California. As I posted way back in February, San Francisco has banned the box. Effective August 13, 2014, employers in the city or county of San Francisco may no longer inquire about criminal history on employment applications or during interviews. It’s Ban the Box on steroids, and it may be coming to a city near you.

Titled The San Francisco Fair Chance Ordinance, No. 17-14, the new law prohibits both private and public employers with at least 20 employees from asking about a criminal past on the job application or in an initial interview. The law also restricts asking about criminal history on applications for affordable housing within the city. With respect to employment, the law applies to temporary workers, contract workers, and city contractors and subcontractors. The proponents of this and similar laws are trying to give ex-offenders a second chance by deferring questions about criminal history until after the application stage of hiring.

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Compliance Employment Background Checks

For those interested in staying up-to-date with the latest in compliance for pre-employment background screening and the laws that affect your use of employment background checks, follow our publication, BTW: Your Guide to Staying Out of Hot Water. This compliance resource has been created by our VP of Compliance and General Counsel, Angela Preston, and is a must-read for human resources and security professionals.

The Sharks are Circling: Two New FCRA Class Actions

Just when you thought it was safe to get back in the water, the sharks are circling with more FCRA-related class action claims. This time Home Depot and Aaron’s furniture stores are the companies under attack. Read More

The Problem(s) with Ban the Box

Ban the box has gone viral. And while the removal of this little check box has potentially made life easier for job seekers with a criminal past, it has created much confusion and frustration for employers. Read More

Ban the Box Update: Rochester, DC, New Jersey, and Illinois

You might be tired of hearing about “ban the box” by now, but as the list continues to grow, so does the importance of employment background checks. Read More

Have a question for our next issue? Send an email to askangela@employeescreen.com and you may see an answer next month!



 






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