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…
Posts by Category: Background Check Compliance
The “Gold Standard”
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…
Colorado Democrats Push for Stricter Background Checks for Lyft, Uber Drivers
Colorado Democrats are pushing for stricter background checks for rideshare drivers, including Lyft and Uber. The proposed bill aims to improve safety by requiring more thorough checks on drivers’ criminal histories, particularly for violent crimes, and ensuring…
Navigating Tennessee Background Check Laws: A Guide for Employers
Tennessee’s background check laws require employers to follow specific guidelines when conducting criminal background checks. Employers must comply with federal regulations, including the Fair Credit Reporting Act (FCRA), and consider how criminal history impacts…
California SB 7: How AI Hiring Rules Could Impact Background Checks
California’s Senate Bill 7 (SB 7) aims to regulate AI in employment by prohibiting employers from using automated decision systems (ADS) to infer criminal or credit history, including through AI-powered social media screening tools. The bill introduces…
Black, Latino Drivers Sue Amazon Over Firings Based on Background Checks
A lawsuit, filed in Suffolk Superior Court, is a class action suit of black and Latino former drivers for Amazon who have sued the online retailer, alleging that Amazon discriminated against them when it fired them based on a background check policy. Originally filed…
EU-US Privacy Shield Undergoes Second Review by EU Commission and (Re)Passes the Test—For Certifying Companies, Santa Has Come to Town
On December 19, the EU Commission (“Commission”) published its report to the European Parliament and the Council on the second review of the functioning of the EU-US Privacy Shield (the “Report”). To the relief of the 3,850 US companies who…
Department of Commerce Updates Privacy Shield FAQs to Clarify Applicability to UK Personal Data
On December 20, 2018, the Department of Commerce updated its frequently asked questions (“FAQs”) on the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (collectively, the “Privacy Shield”) to clarify the effect of the UK’s planned withdrawal from the EU on March 29,…
How to Ward Off the Rising Number of Background Check Class Actions Summary
Companies are increasingly faced with class actions for alleged violations of the Fair Credit Reporting Act (FCRA). FCRA claims related to background checks have grown since last year. Most companies perform background checks on employees as part of the employment…
Blumenthal Nordrehaug and Bhowmik File a Class Action Lawsuit Against Marriott Ownership Resorts, Inc. For Allegedly Violating the California Labor Code and the FCRA
Blumenthal, Nordrehaug and Bhowmik filed a proposed class action complaint against Marriott Ownership Resorts, Inc., for allegedly failing to provide California employees with the legally required thirty-minute uninterrupted meal periods after five hours of work. The…