Apple is known for being secretive and picky about who works on its popular devices, but now, union officials say, that thinking also applies to the construction workers. Several construction workers who were hired to build the exterior of Apple’s new campus…
Posts by Category: Criminal History Check
It May Not be a Matter of ‘If,’ but ‘When’ for Private Employers in the Commonwealth – Virginia ‘Bans the Box’ for Many State Employment Applications
Virginia Governor Terry McAuliffe has issued Executive Order #41, thereby adding Virginia to the growing list of jurisdictions (including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey,…
Lessons on Work-Related Fraud and Abuse
The Association of Certified Fraud Examiners recently released its 2014 Report to the Nations on Occupational Fraud and Abuse (the “Report”), which provides interesting statistics and insights for HR professionals hoping to better understand and combat…
Showdown at The Fifth Circuit Continues: Texas Gets The Last Word On Its Challenge To The EEOC’s Criminal Background Guidance
Last year the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding the its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under…
Advancing a Fair Chance Hiring Agenda
A January 2015 report from the National Employment Law Project (NELP) indicates that “almost one in three adults in the United States has a criminal record that will show up on a routine criminal background check. This creates a serious barrier to employment for…
When, If Ever, Does Employment Discrimination Against Ex-Offenders Violate Title VII?
Title VII of the 1964 Civil Rights Act prohibits public and private employers from discriminating against job seekers on the base of race, ethnicity, religion or gender, unless the employer can demonstrate a business necessity. These discriminations are widely…
New Minnesota Expungement Law Helps Protect Employers from Liability
A new Minnesota law that took effect on January 1 expands the opportunities for ex-offenders to expunge their criminal records. In an effort to protect employers who hire employees with expunged records, the new law provides that such records “may not be…
Act 153 of 2014: Criminal Background Checks and Child Abuse Clearances
The Pennsylvania General Assembly amended the Child Protective Services Law (the CPSL) several times over the past year. The most recent changes were through Act 153 of 2014. Although there are sweeping changes made to the CPSL, even in just Act 153, this Alert only…
Michigan Protects Employers from Negligent Hiring and Retention Claims
On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana , Georgia , Tennessee, and Texas recently passed similar laws. The Michigan law specifically…
Misrepresentation on Employment Application May Override State Criminal Background Check Law
Most employers understand the importance of compliance with the federal Fair Credit Reporting Act (FCRA) as it applies to background checks and applicant records. However, employers also must recognize the interplay of state law restrictions on the use of background…