INDUSTRY NEWS
California Updates Employment Regulations Concerning Criminal History
One of the latest in a series of “Ban the Box” style laws and amendments, California has updated its Fair Chance Act this year. On July 24, 2023, the Office of Administrative Law approved...
Many Florida Employers Now Required to Use E-Verify
Under a new state law, private employers in Florida with 25 or more employees are now required to use E-Verify in their onboarding process. Governor DeSantis signed SB 1718 into law in May 2023,...
Connecticut Clean Slate Act in Effect
Connecticut has enacted its own Clean Slate Act, which went into effect on January 1, 2023. Connecticut’s Clean Slate Act directs the development and implementation of an automatic expungement process for certain criminal records....
Additional States Enact Data Privacy Protections
More states are continuing to enact individual data privacy protections. Some of the recent protections signed into law are scheduled to go into effect as early as 2024. Although these new data privacy protection...
New California Law SB 731
California has been actively introducing bills for automatic consideration of relief and dismissals of certain categories of arrest records and convictions by the Department of Justice. Here’s what California SB 731 is and how...
Michigan’s New Clean Slate Law Has Caused Court Delays
We previously reported on the newly implemented Clean Slate Law in Michigan, which states that criminal records will be automatically expunged if specific conditions are met without the necessity of filing an application. Michigan...
$2.7 Million Settlement Preliminarily Approved in FCRA Class Action
The recent preliminary approval of a class action settlement in California highlights the importance of using multiple identifiers in background check matching procedures. According to the court’s order granting preliminary approval of the settlement,...
DHS Ends Form I-9 Requirement Flexibility
U.S. Immigration and Customs Enforcement (“ICE”), an agency under the Department of Homeland Security (“DHS”), recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the...
Chicago Substantially Amends Its Ban the Box Ordinance
On April 24, 2023, the City of Chicago published an amended ban-the-box ordinance that limits the use of conviction and arrest records by employers. Below is an overview of the changes effective immediately. Arrest...
Additional Consumer Privacy Protections Codified in the California Consumer Privacy Act go live!
On January 1, 2023, new privacy rights for California consumers went into effect under the California Privacy Rights Act (CPRA). Businesses have several responsibilities associated with compliance with this statute, including responding to a...
New Summary of Consumer Rights Under the Fair Credit Reporting Act
It might be time for spring cleaning to ensure your business complies with updated background screening laws. The Consumer Financial Protection Bureau (CFPB) has recently revised its Fair Credit Reporting Act (FRCA) Summary of...
Automatic Expungement Legislation Gains Momentum Across the United States
In the past, to get a court record sealed or expunged, individuals were required to complete the process on their own. Today, it is becoming more common for states to expunge certain records automatically....
Fair Chance Hiring Up for Consideration in Gainesville, Florida: How it May Impact Private Employers
If you do business in Gainesville, Florida, you could join the collective of cities and states adopting Fair Chance Hiring Laws. If the proposed ordinance passes, certain private employers with over 15 employees could...
Form I-9 Flexibility Coasts into Summer
In July of 2023, it will be more than three years since the U.S. Department of Homeland Security (DHS) began offering certain I-9 compliance flexibility for employers. We’ve published multiple updates and notices regarding...
Employers Begin to Face Legal Complaints for Cannabis Use Discrimination
Laws that limit how employers may legally test for cannabis use are one of the latest trends in employment laws. We recently covered new or pending laws in California, Washington, D.C., and Philadelphia. Employers...
New Jersey Releases Guidance for Identifying Suspected Employee Impairment
Like several other states, New Jersey law restricts how employers may make employment decisions based on cannabis use. The law states, “No employer shall refuse to hire or employ any person or shall discharge...
The City of Dallas Considers Fair Chance Hiring for Private Employers
The Dallas City Council is considering joining the growing ban the box movement with the introduction of a Fair Chance Hiring ordinance. As introduced, this law would apply to certain private employers in Dallas,...
California Governor Vetoes Bill That Would Remove Public Record Search Restrictions
Challenges to court record access in California continue to be a critical issue for the background screening industry and the employers that rely on those records. The issue began with the May 2021 California...
California Bill Removing Public Record Search Restrictions Moves Forward
A bill passed by the California legislature could mean good news for those that use public records from the state’s court system. Reliable access to these records is essential for background check companies. In...
Public Input Requested on Form I-9 Flexibility
The Department of Homeland Security (DHS) is asking for public comments on Form I-9 proposed rulemaking. The impact of COVID-19 on how companies do business is ongoing. Hybrid and remote workforces may result in...
California Passes Cannabis Use Anti-discrimination Law
New York state and Washington, D.C. are two jurisdictions that introduced protections for cannabis users in the last year. Both have introduced or passed laws that limit employment decisions based on a candidate’s cannabis...
Tragedy Highlights Importance of Employment Background Checks
Safety is one of the top reasons employers use pre-employment background checks, as it is essential to protecting employees, customers, and the public. A tragic situation, and the trials that followed, highlight the potential...
Lawsuit Alleges Violations of Disclosure and Authorization Requirements
Background check disclosure and authorization requirements can often be a source of confusion for employers, and violations may lead to potential lawsuits. Another lawsuit has been filed alleging violations of federal and state disclosure...
D.C. Works to Protect Employees Who Use Marijuana
The use of cannabis across the United States has become less controversial. Laws have been shifting from prohibition to medical purposes to recreational use. And it appears that widespread acceptance of cannabis use is...
Automatic Record Sealing Law Signed in Colorado
In March, we discussed Colorado SB22-099. As introduced, it was aimed to automatically seal certain conviction and civil judgment records in the state. Governor signed the bill on May 31, 2022, with some changes...
Court Affirms That Conditional Offer Doesn’t Mean Employed
Job candidates can spend a lot of time and resources in pursuing employment – everything from preparing resumes, completing job applications, and traveling to interviews. A recent Ninth Circuit Court of Appeals decision, Johnson...
Ban the Box Heads to New Sector: Higher Education
Ban the Box laws have become increasingly commonplace for employers to follow. The state of Delaware is expanding who can or cannot ask about criminal history to the classroom – the higher education classroom....
Colorado Bill Impacts Using Juvenile Court Records
Businesses and individuals continue to deal with the economic impact of the COVID-19 pandemic. Governments all over the country found quick fixes for immediate needs. But now, some work to deal with the long-term...
Pending California Legislation Could Remove Public Record Search Restrictions
Reliable background checks require a variety of information. Searches of court records within a court’s electronic index, like those used for some criminal history checks, rely on being able to search by and access...
EEOC & DOJ Cautions Against Using AI to Make Employment Decisions
Artificial intelligence or AI continues to be a hot topic in HR. Seamless, touch-free use of complex hiring technologies has been the mark of a faster way to source and onboard candidates. Automating parts...
FCRA Violation Case Dismissed for Lack of Standing
The Fair Credit Report Act (FCRA) is central to the use of background checks for employment. For better or worse, the FCRA is often made clearer through court interpretations of the law when ruling...
Questions Around “Willfulness” in FCRA Violations
Employer missteps during the background check process can result in legal action. As we’ve seen before, this often is the result of allegedly failing to meet the Fair Credit Reporting Act’s (FCRA) disclosure and...
I-9 Compliance Flexibility Continues Through Fall 2022
Employers have had the benefit of two years of I-9 compliance flexibility. And that’s not changing anytime soon. The Department of Homeland Security (DHS) has extended the updated flexibilities until October 31, 2022. In...
Temporary List B Expiration Flexibility Ends May 1, 2022
After over two years, the Department of Human Services (DHS) announced an end to the temporary ID document flexibility for Form I-9. The temporary policy has been in effect since May 1, 2020, when...
A Case of Potential Violations of City & State Requirements in NYC
New York City has some of the country’s most complex laws for employers to follow. A case filed in the Southern District of New York alleges potential violations of city and state requirements. The...
Higher Court Reviews Employment Discrimination Case
We previously covered the appellate court decision in Cree, Inc. v. LIRC. After our last post, the case continued to move through the legal process. The Supreme Court of Wisconsin has now weighed in...
Lowe’s Accused of FCRA Violations
Home improvement store Lowe’s is accused of violating the FCRA. The claims are part of a putative class action suit filed in the Western District of North Carolina. According to the complaint, Lowe’s offered...
California Case Offers Insight on Potential Cost of Violating State Reporting Law
It may be apparent to employers that any violation of employment law can result in consequences. Often, the law spells out potential penalties. That’s the case with the California Investigative Consumer Reporting Agencies Act...
Colorado Introduces Bill to Automatically Seal Some Records
You may be familiar with sealed criminal records. Generally, sealed records are not accessible with a public record search. Pending legislation in Colorado may create an express path to sealing records. On February 1,...
Lawsuit for Employment Discrimination Allegations Moves Forward
A proposed class-action lawsuit filed against Whole Foods Market Group, Inc., Amazon.com, Inc., and Cornucopia Logistics, LLC (“Defendants”) is one of the latest lawsuits alleging that employers violated applicable laws during the hiring process. We...
Get to Know Massachusetts’ CORI
CORI, or Criminal Offender Record Information, is a specific term defined by Massachusetts law. Those that conduct background checks in Massachusetts might already know about CORI. For those that don’t, CORI isn’t the name...
A Deeper Look at Investigative Consumer Reports
Employers hoping to learn detailed information about their candidates may want to read on. You may know the Fair Credit Reporting Act (FCRA) definition of a “Consumer Report.” But are you familiar with the...
Federal “Fair Chance Act” Now in Effect
“Ban the Box” style laws are a trend that has grown exponentially over the last decade. In fact, we have covered several laws in multiple jurisdictions, including laws in Louisiana, Philadelphia, Illinois, and more....
Clarity on FCRA Disclosure and Certification Requirements May Be Coming
Employers often struggle with the many disclosure and certification requirements of the Fair Credit Reporting Act (FCRA). A recently introduced bill in the US House of Representatives aims to provide new clarity on these...
New York City Moves to Restrict Use of Certain Automated Hiring Technologies
Technology could help simplify the hiring process, including adopting new technologies to manage your candidate pool, run video interviews, and conduct background checks. Employers may use automation to process candidates and hire faster. A...
Background Check Bill Introduced to Protect Florida Renters
Certain industries require mandatory background checks of employees according to law. Florida is looking to add to that list apartment employees. A new bill, if passed, looks to improve safety and security for tenants....
U.S. Department of Human Services Seeking Comment on Form I-9 Document Examination Alternatives
Throughout the COVID-19 pandemic, organizations have adjusted how they operate. In March 2020, the Department of Homeland Security (DHS) announced temporary compliance flexibility for certain I-9 requirements. What was first a short-term action has...
Lawsuit Filed for Alleged Background Check Disclosure Violations
Amazon is busy this time of year. But a recent court filing may leave it busier than usual. A prior Amazon employee claims the retailer violated a handful of background check disclosure-related laws. Narek...
State Regulator Announces Increased California Fair Chance Act Enforcement
“Fair Chance” -type laws are becoming more common across the country. These types of laws often restrict the types of criminal information employers can consider during the hiring process, or when certain criminal information...
A Potential Case of Negligence in Florida Emphasizes Screening for Risky Hires
It’s a nightmare scenario when there is a threat to an individual. Or worse, if someone takes another’s life. While tragedies related to an employee are rare, they’re situations for which HR teams may...
