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A Large Retailer Faces Complaints About Alleged Discrimination

Posted on 02/28/13 in: Legal News and Compliance by Chris Dyer

In April 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil R .. read more »

The Importance of Compliance in the Background Check Process

Posted on 02/27/13 in: Legal News and Compliance by Mike Bankhead

A large national retailer has come to a $3 million settlement over allegations that the company violated the Fair Credit Reporting Act (FCRA).  The allegations centered round the fact that the retailer did not provi .. read more »

The Honest Belief Defense

Posted on 11/21/12 in: Legal News and Compliance by Mike Bankhead

In a recent hearing in California, the Court of Appeals overturned an arbitrators ruling in a case regarding a violation of the California Family Rights Act.  It was determined that the employer’s “hones .. read more »

The Federal Trade Commission Charges Another Company For FCRA Violations

Posted on 11/16/12 in: Legal News and Compliance by Mike Bankhead

The FTC has once again charged a company for not complying with FCRA regulations.  The charge was made against a company that compiles and sells detailed information about individuals.  The FTC charges that the .. read more »

Trade Secret Protection Best Practices

Posted on 10/25/12 in: Legal News and Compliance by Mike Bankhead

In today’s competitive job market, employees are constantly moving and looking to gain ground by moving to a company in the same industry.  The skills that one can transfer from one company to another help an .. read more »

FTC Charges Large Background Check Company $2.6 Million Penalty

Posted on 10/17/12 in: Legal News and Compliance by Chris Dyer

In August, the Federal Trade Commission (FTC) charged a large background check company a record penalty of $2.6 million for violations of the Fair Credit Reporting Act (FCRA).  This penalty came about due to the com .. read more »

Pharmaceutical Sales Representatives Qualify for the Outside Sales Exemption

Posted on 06/19/12 in: Legal News and Compliance by Mike Bankhead

The Department of Labor petitioned the Supreme Court to rule on whether or not the outside sales exemption that has been given to pharmaceutical sales representatives (PSRs) is allowable based on the type of sales that P .. read more »

Massachusetts CORI Reform

Posted on 06/15/12 in: Legal News and Compliance by Mike Bankhead

The landscape continues to change as it pertains to criminal background checks on both the federal and state level.  Most recently, the state of Massachusetts has passed a reform regarding Criminal Offender Record I .. read more »

Social Media Policy Guidance for Employers

Posted on 06/12/12 in: Legal News and Compliance by Mike Bankhead

Social media policies have come under intense scrutiny over the last several months.  This is due mostly to the fact that companies have been found creating their own rules regarding social media, and many of these .. read more »

Addressing Transgender Issues In The Workplace

Posted on 05/15/12 in: Legal News and Compliance by Mike Bankhead

While sexual stereotyping and sexism have been a noticeable part of many work environments, and have resulted in many claims filed against employers, the issue of transgendered persons in the workplace is an emerging are .. read more »

Proper Adverse Action Procedures

Posted on 05/02/12 in: Legal News and Compliance by Chris Dyer

Proper Adverse Action procedures benefit the employer and the applicant/employee.  By ensuring this process is in place and occurs, the employer will avoid fines, penalties and lawsuits occurring at an alarming rate .. read more »

How Should Employers Use Criminal History in Employment Now That The EEOC Has Issued Enforcement Guidance

Posted on 05/02/12 in: Legal News and Compliance by Chris Dyer

The much anticipated EEOC ruling on Arrest and Conviction Records for Criminal Records used during Employment Screening has finally arrived.  It is extremely important that you review the guidance they have pro .. read more »

The EEOC Releases New Enforcement Guidance

Posted on 04/25/12 in: Legal News and Compliance by Chris Dyer

The much anticipated EEOC ruling on Arrest and Conviction Records for Criminal Records used during Employment Screening has finally arrived.  It is extremely important that you review the guidance they have provided .. read more »

New Background Check Laws

Posted on 03/26/12 in: Legal News and Compliance by Mike Bankhead

Beginning May 4, 2012, new restrictions regarding the use of criminal background checks will take effect in the state of Massachusetts.  While these are limited to Massachusetts, it is important to be aware of chang .. read more »

Equal Opportunity Employment and Background Checks

Posted on 11/16/11 in: Legal News and Compliance by Mike Bankhead

Providing a workplace that complies with equal employment statutes is a key to not only continued success, but also to avoiding unnecessary penalties and fines.  Complying with equal opportunity statutes can be aide .. read more »

Federal, State and Local Employment Screening Compliance

Posted on 10/31/11 in: Legal News and Compliance by Mike Bankhead

Employment screening has received several new guidelines on the federal and state level.  From the use of credit reports to E-Verify laws, companies have had to familiarize themselves with several new mandates.  .. read more »

Restrictions Placed On The Use Of Credit Checks in CA

Posted on 10/21/11 in: Legal News and Compliance by Mike Bankhead

The State of California is joining several other states in creating guidelines for the use of credit checks by potential employers.  Governor Jerry Brown signed into law a bill that will restrict the use of credit c .. read more »

Credit Reports and Employment Screening in California

Posted on 10/10/11 in: Legal News and Compliance by Mike Bankhead

Just this week, Governor Jerry Brown followed the lead of other states by signing a bill that limits how consumer credit reports are utilized by California employers.  In a time in which the recession continues to k .. read more »

Background Checks and the FCRA

Posted on 09/22/11 in: Legal News and Compliance by Mike Bankhead

The most important factor when conducting background checks is to ensure that all procedures are compliant with the federal Fair Credit Reporting Act (FCRA) guidelines.  This is typically an area where employers can .. read more »

Concerns Over Information Gathered Through Employment Screening

Posted on 06/17/11 in: Legal News and Compliance by Mike Bankhead

In today’s multi-media driven world, information can be gathered about potential candidates with only limited effort.  Whether through social networking sites or an employment screening, employers can gather a .. read more »

Failing To Perform A Background Check And Comply With The Fair Credit Reporting Act Could Cost More Than You Think

Posted on 06/04/11 in: Legal News and Compliance by Chris Dyer

U.S. employers are in a state of transition in regards to their job creation and hiring prodecures. Many companies are discovering that the older ways of hiring employees is becoming less and less successful. Why? Most c .. read more »

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