Ohio courts have recently weighed in on the issue related to the procurement of background checks on current or prospective employees — more specifically, whether employees have the standing to sue employers in cases where the employer fails to provide a…
Posts by Category: Employment Screening
New Child Care Background Check Bill Leaves More Questions Than Answers
Assembly Bill 2036 imposes additional restrictions on businesses providing online childcare job posting services in California and on background screening companies providing background checks to those businesses. The Bill amends existing law by imposing new duties on…
Employer Commits Willful Violation of Fair Credit Reporting Act by Including Waiver in Statutorily Mandated Disclosure
In Syed v. M-I, LLC,the Ninth Circuit held that the Fair Credit and Reporting Act rights notice cannot be combined with any other notice or agreement. In determining that the violation was willful, the Court held that the “ordinary meaning of ‘solely’ is alone; singly…
Pre-Employment Background Screening 101 – Mitigate Your Risk
Attorney Montserrat Miller’s article is a poignant reminder employers about practices they should implement to help mitigate risk in the hiring process. She wrote “a series of recent class action complaints against employers leads me to write about what employers can…
Philadelphia to Prohibit Employer Questions About an Applicant’s Wage History
In an effort to advance wage equality, the Philadelphia Fair Practices Ordinance is being amended to make the city the first to ban employers from asking about the wage history of job applicants. The law also prohibits reliance on wage history in determining the wages…
UK Votes to Leave the EU: Data Protection Standards Unlikely to be Affected
The UK has decided to withdraw its membership from the European Union. Despite the result, data protection standards are unlikely to be affected. The full details of how and when the UK will negotiate its exit from the EU is still unclear. The process for withdrawal…
Top Candidates Are Gone Within 10 Days … So Assign Each A ‘Hire-By-Date’
If business people ran recruiting … they would assign a “hire by date” to each must-hire candidate, because these valuable in-demand candidates are likely to be quickly out of the job market.Unfortunately, many recruiting leaders and hiring managers mistakenly assume…
Rooting Out Jerks Is More Important Than Hiring Superstars, New Study Shows
Firing your worst employee is worth more than twice as much as hiring a superstar, claims new Harvard research. “While a top 1% worker might return $5,303 in cost savings to a company through increased output, avoiding a toxic hire will net an estimated…
California Considers Criminal History in Employment Decisions
Continuing the nationwide crackdown on the use of criminal history as a factor in employment decisions, California’s Department of Fair Employment and Housing (DFEH) released proposed regulations for employers with new prohibitions on the practice. In addition…
The Way Forward for Federal Background Investigations
The Federal Government announced a series of changes to modernize and strengthen the way we conduct background investigations for Federal employees and contractors and protect sensitive data. These changes include the establishment of the National Background…