There has been a lot of press in the last few years about the steps employers must follow before obtaining a background check on an employee or applicant. While there is no doubt that it is very important for employers to obtain completed FCRA compliant Authorization and Disclosure forms, the employer obligations do not stop there.
While most of the world has been wrapped up on all things COVID related, there is still work going on regarding background check laws. From December 2019 until as recently as July 1, 2020, new ban the box laws have been enacted.
Do you know what your employees have been up to during the four months of the stay-at-home order? If you are watching the news, you know that a lot of people have been up to protesting, sharing their views on wearing masks, and sharing political views.
Marijuana is still an illegal substance at the federal level. However, at the state level there are only eight states that have not made marijuana use legal to some degree. The biggest majority of states have legalized marijuana at the medical use level. There are 11 states which have decriminalized the use of marijuana for medical or recreational use. This can affect past criminal records.
You have run a credit check on an applicant or employee, and the report came back with negative information. Because of the information included in the credit report you have decided that you do not want to move ahead with the applicant, or in the case of the employee, keep them on staff. So, can you just rescind the offer to the applicant or let the employee go? The answer is no.
Back in 2017 the Ninth Circuit Court decided in favor of the plaintiff in Syed v. M-I, LLC, No. 14-17186 (9th Cir. 2017). The employer included a waiver of liability in the disclosure form, which violated the Fair Credit Reporting Act (FCRA) requirement that no extraneous information be included in the disclosure. After several appeals, Syed won.
Many employees are tasked with caregiving for family members while working full-time. We often hear about the “sandwich” generation, the people who are taking care of their children and their parents, but there are many caregiving situations that fall outside of that category.
In the midst of the shelter-in-place order many businesses have slowed or shut down altogether. This means that, for the moment, hiring has slowed down too. This makes for the perfect time to review your hiring practices and policies, especially when it comes to background and drug screening. This is particularly important if you have not done so in a long time.
Traditional drugs tests can show if a person has ingested marijuana, but not when. This makes it difficult for employers and law enforcement to know if the person was using while at work, while driving, etc. New technology, in the form of a breathalyzer, is coming.
We often think about young people, and in particular, teenagers, as being negatively affected by social media. However, social media is also having a negative impact on adults, and in some ways, is negatively impacting the workplace.
If you run employment backgrounds, you know the laws are constantly changing. Some states and cities have laws which are stricter than those of the Fair Credit Reporting Act. New York State and New York City are two such locations.
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