After being approved by the European Commission on April 14, 2016, the General Data Protection Regulation (GDPR) takes effect May 25, 2018, providing EU individuals more control over their personal data, and making organizations take the protection of that personal data seriously. Replacing the Data Protection Directive of 1995 95/46/EC, the GDPR is aimed at protecting…
Target has settled a class-action suit with the NAACP Legal Defense & Education Fund for $3.7M, over unfair hiring practices. The suit claimed that the retail giant used criminal background checks to deny jobs to African Americans and Latinos. The complaint named two African Americans applicants who received conditional job offers from Target. After discovering…
An increasing number of technologies focused on helping businesses streamline their recruiting and onboarding processes have emerged in recent years. Unfortunately, when it comes to legal compliance, not all solutions were created equal. In fact, The Federal Trade Commission issued notices to mobile application developers InfoPay Inc., Everify Inc., and Intelligator Inc. earlier this month,…
Background screening has become virtually ubiquitous when it comes to hiring in the modern age. In fact, a joint survey conducted by the National Association of Professional Background Screeners (NAPBS) and HR.com, revealed that out of the 1,528 human resource professionals polled, 96% reported their companies perform some type of employment screening. Of those respondents,…
Washington Governor Jay Inslee signed the Fair Chance Act, also fervidly known as “Ban the Box†into Law on Tuesday, March 13th, making it the 11th State to adopt fair hiring policies. With the exception of certain law enforcements or criminal justice agencies, any persons who will have unsupervised access to children or vulnerable adults,…
Arguably the greatest source of agita when it comes to screening future employees and tenants is the lengthy turnaround times associated with criminal background checks. While delays are routinely attributed to the consumer reporting agency performing the check, the reality is that turnaround times often vary due to numerous factors outside of the CRA’s control.…
UPDATED 12 13 17:  The U.S. Department of Labor is extending the comments deadline to February 5, 2018. ____________________ We have previously written about the U.S. Department of Labor’s position adopted in 2011 saying that an employer may not retain any of an employee’s tips even if management: â—ŠÂ Â Takes no tip-credit under the federal Fair Labor Standards Act’s…
A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration’s procedure (or something like it) for automatic “updates” to the compensation thresholds specified in the federal Fair Labor Standards Act’s Section 13(a)(1) exemption regulations. Apparently, U.S. Labor Secretary Acosta recently revealed this in closed-door remarks to the U.S. Chamber of…
1. Background Screeners are also often referred to as Consumer Reporting Agencies (CRAs), because the screenings we produce are construed by the law as consumer reports on prospective employees and tenants. 2. A consumer report is defined as: Any written, oral, or other communication of any information by a consumer reporting agency bearing…
A recent court case in the Eastern District of Pennsylvania highlights the importance for employers’ adherence to the Fair Credit Reporting Act (FCRA) notice requirements when using background screening reports for hiring.Â
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