Legislation restricting employers from inquiring about an applicant’s criminal background during the initial stages of the application process has been signed into law by Governor Kate Brown on June 26, 2015. The “Ban the Box†law, H.B. 3025, will take effect on…
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One to Watch: The House Judiciary Committee Signs Off On Fairness in Class Action Litigation Act
On June 24, 2015, the House Judiciary Committee voted to send H.R. 1927, the Fairness in Class Action Litigation Act, to the full House. The substance of the Act prohibits any federal court from certifying a class action unless the party seeking certification…
Liability for Data Breach Involving Employee Information: Even the Federal Government and Third Party Vendors Are Not Immune
Another class action has been filed alleging the disclosure of employee personally identifiable information due to a cyber attack. This time, the employer is the federal government, and another target in the lawsuit is the third party vendor allegedly used by the…
Georgia Enacts “Miniâ€-FCRA
For more than four decades, the FCRA has regulated CRAs that furnish consumer reports (i.e., background checks) to third parties such as employers. Over the years, several states have adopted so-called “miniâ€-FCRAs, including Arizona, California, Maine,…
Update on Certainty in Enforcement Act of 2015; H.R.548 — 114th Congress (2015-2016)
All Bill Information (Except Text) Amends equal employment opportunity requirements under the Civil Rights Act of 1964 to deem an employer’s, labor organization’s, employment agency’s, or joint labor management committee’s consideration or use…
Final NIST Guidance Addresses Protection of Sensitive Data in Hands of Contractors
Final guidance (SP 800-171) from the National Institute of Standards and Technology on protecting sensitive federal information on nonfederal information systems “will prove important, perhaps profound, as the nation seeks to improve its cyber defenses,†said an…
New Background Check Policy Coming To University Of Illinois
A new University of Illinois policy requiring background checks for all new employees is expected to start Oct. 5. The school already requires background checks for employees with positions considered “security-sensitive,” and those who work with money,…
FTC’s New Consumer Data Security Guidance Offers Businesses Practical Tips
The Federal Trade Commission has issued new guidance on data security for companies that collect, store and use consumer information, gleaned from the more than 50 enforcement actions brought by the agency over the past decade. The guidance, “Start with…
Hold on a Minute
Although criminal histories can be among the most important for identifying potentially problematic employees, recent EEOC Guidelines elaborate on the use of criminal histories in hiring practices, and should not be ignored. These guidelines have made it incumbent…
Manager Narrowly Escapes Jail Time for Making a False Statement on an I-9 Form
Human resource and hiring managers are becoming painfully aware of the potential dangers lurking behind the Form I-9 and E-Verify process. For the most part, these tales of woe stem from procedural failures such as missing or incorrectly completed I-9s, which can lead…