The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting Agencies Act (ICRAA) is unconstitutionally vague when applied to employee background checks because of its overlap with another California law, the Consumer Credit…
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Bad Background Check Leads to Class Actions, Including Against Freeman Webb
A man who says he was wrongfully fired over false information in a background check has filed a pair of class-action lawsuits in federal court, including one against the prominent real estate firm Freeman Webb. Tyrone Jude was hired as a maintenance man at a Lebanon…
Phony Job Applicants Targeting Employers Based on Technical Violations of Federal Background Check Law
Claims brought against employers under the FCRA arising out of one aspect or another of employers’ background investigation procedures have been the litigation de jure recently. Many of these lawsuits have resulted in multi-million dollar settlements. There is a…
Testing Employer Background Screening Practices
Changes in federal sentencing guidelines will result in the early release of thousands of inmates from prison over the next several years. The lack of employment is generally recognized as a factor that causes recidivism for ex-offenders, and there is increased…
Hoosier Daddy? Background Checks Not Subject to Indiana Sales Tax
The Indiana Department of Revenue concluded that a company’s employment screening and background checking services are not subject to sales tax. The company in this matter receives requests from customers seeking to verify the background, employment history or…
Background Checks More Accurate When Done by Private Sector Companies: Stuart Pratt, Consumer Data Industry Association
An opinion piece by Shantell George claimed that background checks done by private sector businesses were inaccurate. However, she failed to offer any statistics to substantiate that opinion. Background checks done by private sector companies are more accurate and…
Model Social Media Privacy Legislation to be Proposed in 2016
The Uniform Law Commission recently announced that it intends to propose legislation in 2016 that would seek to bring uniformity and consistency to social media privacy legislation across the states, particularly in the 27 states that have not passed such legislation….
Maine Is Latest State to Restrict Employer Access to Personal Social Media Accounts
Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or requesting an employee or applicant: to…
Employers May Request Alternative Documents Following an Internal I-9 Audit
On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued atechnical assistance letter (TAL) in response to an employer’s request regarding an employer’s potential liability if the…
Privacy Analytics Launches Tool to Help Identify and Manage Data Privacy Risks
Privacy Analytics Inc. announced the release of Risk Monitor, a privacy risk assessment tool that gives organizations the ability to identify, measure and manage the level of risk exposure associated with their data sharing practices.Risk Monitor identifies potential…