Client Portals
On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees. The new law defines “personal social media” to encompass any account on a social…
On July 7, the United States District Court for the Southern District of California preliminarily approved a $1.75 million class action settlement under the FCRA involving Chuck E. Cheese’s background check practices. This settlement serves as another reminder of the…
The New York Supreme Court has issued an opinion finding that an insurer has a duty to defend and indemnify a national background screening company in two FCRA actions despite the policy’s exclusions of fines and penalties. The plaintiffs sought statutory damages and…
Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the focus of federal enforcement efforts over the…
United States Investigations Services, the security firm which vetted Edward Snowden, has agreed to a fine of about $30 million to settle U.S. charges related to the way it conducted background checks on applicants for sensitive government jobs. The Justice Department…
Did you know that the EEOC requires employers to keep all personnel and employment records for at least one year? Just as importantly, to the extent the employer uses a screening technique, like a pre-employment test, information on its impact on candidates by sex,…
Many businesses mistakenly believe that the FBI database is the “gold standard” for identifying those with criminal records. But, the FBI database only includes criminal records that have a fingerprint associated with them, and many from the state or county level do…
USCIS released the details of proposed major changes to the E-Verify program. The notice proposes several major changes to the E-Verify program and seeks public comments until August 7, 2015. These changes will affect all employer users, including Federal Acquisition…
With state legislative sessions winding down, it’s been pretty quiet on the medical marijuana front, except for California, where both localities and the legislature continue to grapple with the issue. Gov. Jerry Brown (D) signed Assembly Bill 258, which will bar…
Although medical marijuana is now legal in twenty-three states, including New Mexico, it remains illegal under federal law. This creates a challenging legal landscape for employers who want or need to drug test employees, but do not want to expose themselves to…