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Summer Road Risks: Employer Liability for Employee Driving Safety

4 June 2024

Summer Road Risks: Employer Liability for Employee Driving Safety

Author: Susan Chance

Summer is almost here, and orange barrel mating season is well underway. The nice weather also brings more motorcycles, cars pulling boats, and large recreational vehicles on the roads. In other words, there are a lot more hazards on the roads.

If Marijuana is Reclassified, What Jobs Might It Impact?

28 May 2024

If Marijuana is Reclassified, What Jobs Might It Impact?

Author: Michael Burns

The U.S. Department of Justice has issued a notice of proposed rulemaking that would reclassify marijuana from a Schedule I narcotic down to a Schedule III drug. Schedule I controlled substances are in the “mean street neighborhood” including heroin, LSD, and other drugs with “no currently acceptable medical use or treatment.” Schedule III drugs, on the other hand, where it is proposed marijuana be moved to is in a “friendlier neighborhood” of classified...
Spring Clean Your Background Screening Process

30 April 2024

Spring Clean Your Background Screening Process

Author: Susan Chance

Spring has sprung and hopefully all the April showers will bring May flowers. This is a good time for companies to “spring clean” their documents, processes, and procedures, particularly those that are part of background checks.

The Hidden Dangers of Free Online Background Check Services

3 October 2023

The Hidden Dangers of Free Online Background Check Services

Author: Susan Chance

In this day and age it is hard to believe, but there are still so many employers who either don’t run employment background checks on applicants/employees, or they use free online systems without considering the pitfalls of relying on these free sites.

More Changes to Background Checks in California

22 August 2023

More Changes to Background Checks in California

Author: Susan Chance

California is once again making changes to how employers can use information obtained in criminal background checks. Last month, changes that had been proposed by the California Civil Rights Council were approved by the California Civil Rights Council and the Office of Administrative Law.

Be Aware of Credit Check Restrictions That Vary by Location

11 July 2023

Be Aware of Credit Check Restrictions That Vary by Location

Author: Susan Chance

Change is a constant, and that is certainly true in background screening laws. Some changes seem like common sense and are easy to apply, such as having a clear and concise disclosure form. Making sure that anyone giving permission for an employment background check understands what they are agreeing to is basic fairness, and unless an employer has some nefarious intent in mind for a background check, this should be an easy compliance item.

Know the FCRA Requirements for Background Checks

20 June 2023

Know the FCRA Requirements for Background Checks

Author: Susan Chance

Anyone running an employment background check through a third party, such as a background screening company such as ASE and/or automated verification systems is considered a user of consumer reports and therefore must follow the requirements of the FCRA.

Chicago Expands Ban-the-Box Law Requirements

30 May 2023

Chicago Expands Ban-the-Box Law Requirements

Author: Susan Chance

Ban-the-box might seem like old news, but these laws are constantly being added and/or updated. It is important for employers to keep up with the laws in all areas in which their employees work. The city of Chicago recently expanded its requirements on how employers may use criminal records in hiring decisions. 

Fair Chance Hiring Legislation to be Aware Of

7 February 2023

Fair Chance Hiring Legislation to be Aware Of

Author: Susan Chance

Ban-the-box seems like old news by now as so many states, cities, and counties have enacted some sort of ban-the-box legislation. Most ban-the-box laws address asking about criminal history on job applications. However, some locations are taking it further with Fair Chance Hiring legislation. The Fair Chance Hiring laws address not only when, but how an employer can use criminal history in employment decisions and what obligations they have in making those decisions.
Changes to Know About in California Background Checking Law

10 January 2023

Changes to Know About in California Background Checking Law

Author: Susan Chance

California is once again looking at making changes to how employers can use information from background checks in employment decisions. The California Civil Rights Department’s Civil Right Council released their most recent draft of changes to their Fair Employment and Housing Ace (FEHA) this past December. This update addresses proposed changes to the use of criminal history for employment decisions.

Checklists for International Background Checks

13 December 2022

Checklists for International Background Checks

Author: Susan Chance

More and more employers are considering applicants from other countries to fill vacant positions. While international checks take a longer time to complete, employers can help themselves get through the process more efficiently by providing required information up front.

Are Your Background Check’s Consumer Report Disclosures FCRA Compliant?

1 November 2022

Are Your Background Check’s Consumer Report Disclosures FCRA Compliant?

Author: Susan Chance

If you use a consumer reporting agency or third-party vendor such as ASE to conduct a background check on an employee or applicant, you must comply with the Fair Credit Reporting Act (FCRA) by first providing the employee or applicant with a written consumer report disclosure. Employers that fail to do this or do it incorrectly expose themselves to significant liability.

Beware of Deepfake Job Applicants

20 September 2022

Beware of Deepfake Job Applicants

Author: Susan Chance

When we think of identity theft, our minds typically go to the culprits opening up credit card accounts or getting loans using another person's information. Identity theft has gone up over the last five years, and according to the Federal Trade Commission (FTC), the number of reported identity theft cases in 2021 increased more than 70% over 2020.

6 Steps for Employers to Set up an Effective Background Screening Program

30 August 2022

6 Steps for Employers to Set up an Effective Background Screening Program

Author: Susan Chance

More than 90% of employers use some form of a background screening on applicants or employees when making employment decisions. There can be several reasons for using them: ensuring safety in the workplace; reducing exposure to liability and legal costs; verifying information provided by applicants and employees; and ensuring position fit. However, while these value-adds may make a strong case for conducting employment background screenings, the legal landscape of this area is constantly...
Accurate and Compliant Background Checks Require More Than a Name

19 July 2022

Accurate and Compliant Background Checks Require More Than a Name

Author: Susan Chance

Most people who use background checks for employment purposes are at least familiar with the Fair Credit Reporting Act, or FCRA. But did you know that the Consumer Financial Protection Bureau (CFPB) has some control over what records a background screening company, commonly referred to as a consumer reporting agency (CRA), can provide to you as an end-user of background screening reports?

Considerations When Hiring a Minor

26 April 2022

Considerations When Hiring a Minor

Author: Susan Chance

Spring has sprung, at least by the calendar, which means it is time to hire summer help. Help could come in the form of interns, co-ops, work study programs, or perhaps even just helping a young person with an employment opportunity. What does this mean for employers?

Unintended Consequences of Automation in Background Checking

5 April 2022

Unintended Consequences of Automation in Background Checking

Author: Susan Chance

If you run background checks which include employment verifications, you are most likely aware that most employers these days use automated systems for employment verifications. One of the biggest of these systems is The Work Number, which is owned by Equifax.

Background Screening Updates for the New Year

11 January 2022

Background Screening Updates for the New Year

Author: Susan Chance

Last year seemed to fly by, but there was plenty of time for lawmakers to make updates to existing laws regarding background checks.

Great News for Background Checks

23 November 2021

Great News for Background Checks

Author: Susan Chance

Earlier in the year ASE shared information on the pending law that would redact dates of birth from court records. The law, that was to take effect July 1, 2021, was postponed until January 1, 2022. This change would have made it difficult, if not impossible, to conduct criminal record checks in the State of Michigan.

Cannabis – To Test or Not to Test?

2 November 2021

Cannabis – To Test or Not to Test?

Author: Susan Chance

As more and more states make the use of cannabis being legal, for medical or recreational use, employers have been challenged with making policies that will best protect the company while still allowing them to fill positions.

Background Screening Trends

12 October 2021

Background Screening Trends

Author: Susan Chance

ASE is a member of the Professional Background Screening Association (PBSA). Recently, the PBSA, along with the HR Research Institute, completed a research report, “Background Screening: Trends in the U.S. and abroad 2021.”  Of the responding employers with locations in the U.S., 95% stated that their company does some type of background screening, and 77% of those companies have a documented screening policy.

 

California Moves Forward with Birthdate Redaction

21 September 2021

California Moves Forward with Birthdate Redaction

Author: Susan Chance

Back in June we were gearing up for the new identifier redaction policy that was to go into effect in Michigan on July 1st. This policy would have caused dates of birth to be redacted from court records before those records could be provided to the public. It would also have prohibited court clerks from using date of birth in searches and from verbally verifying dates of birth.

New Supreme Court Decision Good News for Employers

24 August 2021

New Supreme Court Decision Good News for Employers

Author: Susan Chance

There is some good news for employers regarding credit checks. In a recent lawsuit, TransUnion LLC v. Ramirez (No. 20-297), the Supreme Court reversed a $40 million class action judgement that was awarded to the class members at the circuit court level. The jury of the circuit court trial awarded $1,000 in statutory damages and another $6,300 in punitive damages to each class member. The punitive damages were reduced by half in the Ninth Circuit Court of Appeals before the case proceeded to...
Avoiding Risk in Background Screening

20 July 2021

Avoiding Risk in Background Screening

Author: Susan Chance

Is avoiding risk in background screening worth having someone on staff just to help with beefing up your company’s background checking practices? One publication suggests just that. It has been my experience that most people working with backgrounds are wearing many hats, and especially with all of the events of the last 16 months or so, employers have been in a race to keep up with all of the changes to their practices just in regard to the COVID pandemic. Given the time and attention...
Redaction of Birth Dates Expected to Cause Issues

29 June 2021

Redaction of Birth Dates Expected to Cause Issues

Author: Susan Chance

A Michigan Supreme Court decision will make it difficult for employers to run background checks on applicants effective July 1, 2021. The court has ordered that birthdates and other personal information are to be redacted for court records.  

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