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E-Verify May Soon be Required of All Employers

A bill was introduced that may require all employers to use the currently voluntary E-Verify system. The bill would also make E-Verify permanent and eliminate the need for continued congressional re-authorization. Please read more by clic king here."E-Verify Use May Soon Be Required of All Employers" by Kathryn Watson | The Daily Caller #EVerify

Waiver Not Allowed In Background Check Disclosure Form

Section 604(b)(2) of the FCRA states: “Disclosure to Consumer. (A) In general. Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless – (i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and (ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that per

Do Ban the Box Laws Work?

The “box” is the part of a job application that asks whether or not the applicant has ever been convicted of a crime. Proponents of the law want individuals with convictions to have a fair chance to work while some critics suggest the laws accomplish the opposite. Please read more by clicking here. "Do Ban-the-Box Laws Work?" Lisa Nagele-Piazza | Society for Human Resource Management #BantheBox

Complete and Up to Date Requirement of FCRA Does Not Include Accuracy Requirementv

The Eastern District Court of Pennsylvania has released a memorandum opinion in Kelly v. Business Information Group that includes: “We do not lightly dismiss a claim where a consumer’s employment prospects were limited by Defendant’s communication of erroneous negative information bearing upon his credit. While § 1681k(a) seeks to address injuries in that setting, however, it does not provide a cause of action for all errors in that context. Rather, § 1681k(a) reflects Congress’s concern that public record information was being gathered, allowed to go stale, and then reported in that “incomplete and out of date” state. We cannot interpret § 1681k(a) independent of its plain meaning, particul

Drug Testing Where Marijuana is Legal

Laws differ from state to state but employers can still maintain the drug-free policies they’ve previously had in place. Please read more by clicking here. "Can Employers Still Drug Test Where Marijuana is Legal?" Eve Wagner | Sauer & Wagner LLP | Law 360 #drugtesting #drugscreening #marijuana

Teacher Sues District Over Drug Testing Requirement

A teacher alleges “pre-employment drug screening… suspicionless [sic] drug screening” is a violation of constitutional rights. Please read more by clicking here. "Teacher suing Yakima School District over drug testing requirement" by Rex Carlin | NBC #drugscreening #drugtesting

Revised Form I-9

Beginning January 22, 2017 employers must use the new revised form I-9. Please read more by clicking here. "USCIS Revises Form I-9, Used for All New Hires in U.S."| US Citizenship and Immigration Services #formi9

Starbucks Faces Class Action Lawsuit for Alleged FCRA Violation

A lawsuit alleges Starbucks violated the FCRA, the Fair Credit Reporting Act, by denying his employment based on erroneous information found in a background check. Please read more by clicking here. "Starbucks Slapped with Class Action Suit for INaccurate Background Check" Staff Writer | Lawyer Herald #FCRA

Red Light Green Light Background Screening

Background check providers, or consumer reporting agencies, exist to help you make a better, more informed hiring decision. We can’t make that decision for you. “Like a credit report, a background check is nothing more than a collection of historical facts. Your credit report says you took out a $24,000 car loan two years ago, have $18,000 left to pay, your monthly payment is $476, and you’ve never made a late payment. It doesn’t say what kind of car you bought, what color it is, or whether it was the appropriate choice for your budget and lifestyle. Similarly, a background check might tell you that a candidate was convicted of a particular crime on a particular day and was given a specific

City of Los Angeles to Enact Ban The Box

Los Angeles joins more than 150 jurisdictions in enacting “ban the box” or “Fair Chance Hiring” ordinances. The ordinance went into effect January 22. Please read more by clicking here. "New Ban-The Box Ordinance Affects Background Checks in Los Angeles" Gail Cecchettini Whaley | HR Watchdog #LosAngeles #Laws #BantheBox

District of Columbia Banning Credit Checks in the Hiring Process

Although many employers still maintain hiring policies that include credit checks, the District of Columbia is joining many other jurisdictions in the banning or limiting the use of a credit history in hiring decisions. The DC law restricts an employer inquiring into an applicant’s credit history unless the position falls under specific exceptions. Please read more by clicking here. "DC Joins other States in Banning Credit Checks in the Hiring Process." Kara Maciel | Conn Maciel Carey LLP | JD Supra #DC #CreditChecks #Credit #NewLaw #Laws

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