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Report Link Consent Judgments Underscore Need for Employers to Conduct Background Checks in an Appropriate Manner.Buchanan Ingersoll & Rooney PC - September 01, 2009 On August 11, 2009, the FTC filed proposed consent decrees in United States v. Quality Terminal Servs., LLC D. Colo., No. 09-cv-01853 and United States v. Rail Terminal Servs., LLC. W.D.Wash., No. 09-CV0111, that will require the companies to pay a combined $77,000 in penalties for violating the Fair Credit Reporting Act (FCRA) and the Federal Trade Commission (FTC) Act, by using employee background checks without providing applicants and current employees with the required "pre-adverse action" and "adverse action" notices. The consent decrees underscore the importance of following the proper procedures when taking action against applicants and employees based on background checks. Report Link BACKGROUND INVESTIGATIONS KEEP GETTING MORE COMPLICATED.Shaw Valenza LLP - September 23, 2008 Employers increasingly are relying on credit and background checks in the hiring process. Employers want assurances that their employees are honest and trustworthy. Internal investigations of certain misconduct allegations are now required by anti-discrimination laws and others, such as Sarbanes-Oxley. At the same time, surveys show resume fraud is rampant. Job references often won’t provide information about former employees other than “name, rank and serial number.” With a bad economy, huge student loan liabilities, and the mortgage crisis, potential employees may appear to be untrustworthy with credit. Report Link Does Your School Make the Grade in Conducting Background Checks?Fisher & Phillips, LLP - March 06, 2008 You've just admitted an adorable 5 year-old child to Kindergarten. The next day, you receive an anonymous message that the child's mother is on the state's sex-offender website. You check and confirm that the information is correct. How should a school handle this situation? Must you act? Is it enough to eliminate the parent from campus? What about the inevitable sleepover? Must you notify the school community of the parent's background?
As discussed below, there are no easy answers to these issues. The problem that schools face with more frequency today is how to determine which persons should be allowed to be on the school's campus, whether as an employee, contractor, or parent. In addition to complying with various state laws and accrediting guidelines that typically address employees and contractors, schools must increasingly ask: Should we require more information about our parents? If so, under what circumstances? And if we don't, what are the consequences? Report Link Best Practices in H.R.: Conducting New-Hire Background Checks.Elarbee, Thompson, Sapp & Wilson, LLP. - June 29, 2006 No matter the size of your operation, hiring and retaining qualified - and honest - employees is critical. A recent study revealed that 36.5% of employment verifications revealed inconsistencies from what the applicant reported and that 14% provided false or inconsistent information about their education. Report Link Employee Privacy: New Rules Affecting Disposal of Background Check Information.Fredrikson & Byron, P.A. - July 14, 2005 For some years now, the federal Fair Credit Reporting Act (FRCA) and parallel state laws, have restricted when and how an employer may conduct background checks on applicants and employees and how such information may be used. Generally, restrictions apply when the employer conducts background checks through an outside entity. Restrictions do not generally apply when an employer obtains information directly, such as by calling a school or university to verify that the applicant or employee did in fact attend and graduate. Notice and consent requirements must be followed when an employer decides not to hire an applicant or takes action against an employee based on the results of a background check. Report Link New FTC Rule Requires "Reasonable Measures" to Dispose of Consumer Information on Employees.Jackson Lewis LLP - May 20, 2005 New Federal Trade Commission regulations prompted by the Fair and Accurate Credit Transactions Act of 2003 require employers obtaining consumer reports to "take reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal."
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ArticlesFound: 6 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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