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Sex Offender Registries; The Broken System.

For more than two decades, states and the federal government have struggled with how to best protect the public from sexual predators. Requiring states to register and publicize the names and addresses of convicted sex offenders has been thought to help protect the public by keeping citizens informed. However, who should register, and which information can be made public has been an area of contention between the states and the federal government.

California became the first state in the United States to have a sex offender registration program in 1947. In 1990, Washington state began community notification of its most dangerous sex offenders, making it the first state ever to have any sex offender information publicly available.

Before 1994, only a few states required convicted sex offenders to register their addresses with local law enforcement. The 1990s saw the emergence of several cases of brutal, violent sexual offences against children. Heinous crimes involving victims Jacob Wetterling, Megan Kanka and Adam Wash were highly publicized. Several state and federal law were enacted as a response to public outrage generated by highly publicized, but statistically sporadic, violent predatory sex crimes against children by strangers.

In 1994, Congress passed House Resolution 324, the Wetterling Act, requiring all states to establish sex offender registries. Until that time, only a few states had registries. This act was in response to the 1989 kidnapping of an 11-year-old boy, Jacob Wetterling. He was abducted from a street in St. Joseph, Minnesota. Jacob’s mother, Patty Wetterling, led a community effort to implement a sex offender registration requirement in Minnesota and, subsequently, nationally.

The Wetterling Act required each state to create a registry of offenders convicted of qualifying sex offenses and certain other offenses against children and to track offenders by confirming their place of residence annually for ten years after their release into the community or quarterly for the rest of their lives if the sex offender was convicted of a violent sex crime. States had a certain period to enact the legislation, along with guidelines established by the Attorney General. However, if states failed to comply, the states would forfeit 10% of federal funds from the Omnibus Crime Control and Safe Streets Act.

Under the Wetterling Act, the registration information collected was treated as private data viewable by law enforcement personnel only, although law enforcement agencies were allowed to release relevant information that was deemed necessary to protect the public concerning a specific person required to register.

After another high-profile case, abuse and murder of Megan Kanka led to the modification of Jacob Wetterling Act in 1996. Megan’s Law, which required states to make information about sex offenders deemed relevant to public safety available to the public. Before Megan’s Law, community notification had been discretionary under law enforcement agencies discretion. Under the new federal mandate, states were required to decide which information was necessary for public safety and make that information available to the public.

The most thorough legislation related to the supervision and management of sex offenders is the Adam Walsh Act (AWA). Named after Adam Walsh, a 6 year-old boy who was kidnapped from a Florida shopping mall and killed in 1981. The AWA was signed on the 25th anniversary of his abduction; efforts to establish a national registry was led by John Walsh, Adam’s father. Subsequently, multiple pieces of the AWA attempted to improve sex offender registration laws.

Title I of the resolution, the Sex Offender Registration and Notification Act (SORNA), establishes, among other things, uniform minimum guidelines for registration of sex offenders, regardless of the state they live in. SORNA requires states to widen the number of covered offences and to include certain classes of juvenile offenders.

The AWA organizes sex offenders into three tiers according to the crime committed. Registration requirements are defined by the type of offence the person was convicted. Convictions are classified into three tiers.

  • Tier 3 offenders register for life.
  • Tier 2 offenders register for at least 25 years after conviction.
  • Tier 1 offenders register for ten to fifteen years after release. (Tier I registrants may be
  • excluded from internet databases.)

However, since the passage of SORNA and AWA, states have continued wrestled with how to alter their current sex offender registries to comply with the federal statute. After more than 10 years and over 1000 bills later, 32 states are still not considered in compliance with the laws. These states continue to lose 10 percent of their federal Byrne/JAG justice funding for each year they remain noncompliant.

Some states are intentionally noncompliant. New York, for example, issued a letter citing the excessive cost of implementation and claimed the law would not increase public safety. Instead of SORNA’s crime-based tier system, New York argues that its reliance on a risk assessment that estimates an individual sex offender’s likelihood of reoffending better protects the public. Texas has cited similar reasons for noncompliance.

Other states have attempted to comply with SORNA, only to be met by judicial opposition. Ohio’s reclassification of sex offenders was held unconstitutional by the Ohio Supreme Court. Massachusetts faced similar challenges when its use of classifications for registration was also ruled unconstitutional. Courts in both cases found that retroactive registering of offenders (as required by SORNA) was at least part of what led to the illegality of the states’ registries.

One of the biggest impediments to substantial compliance with SORNA has been the law’s requirement to include juvenile offenders in the registries. Many states have opposed these requirements, citing a higher likelihood for the rehabilitation of juveniles. Other states have implemented SORNA’s juvenile requirements, only to have those actions struck down by courts.

When Peopletrail doesn’t find an applicant on the Sex Offender Registry, it can be hard to explain to clients why the applicant has a criminal record, but not on the states and the federal registries. It would be great if we could confidently search the databases for a name, but it’s not reliant enough to be trusted as a stand-alone source.

Overall, the Sex Offender Registry is exceptionally complicated and broken in its current state.

Todd Williams No Comments

Employee Drug Usage; The Real Cost

Recently I read an article in USA Today, entitled, “As (the) nation struggles with (the) opioid crisis, workers bring addiction to the job.”1 The article transcends the recent legalization of recreational drug usage and the full-addiction of opioids in the workplace. The article is about Chris Tullock, a recovering addict. Decades ago, Chris Tullock was succeeding in the restaurant industry. What began as just recreational marijuana use ended with a full addiction to opioids which led her down a dark path. Since becoming clean 11 years ago, after intensive rehab, she is beginning to tell her tragic story of decline and abuse and giving us the peek into the real issues with workplace drug abuses.  What seemed like a harmless activity impacted her life and the lives of those around her. Ultimately she turned her life around and got the help she needed. However, there are many individuals among us that just don’t have the strength, courage, or knowledge of how to obtain help from the addition that is costing us all too much. 

Drug Abuse

Today there is a drug for everything and they come in all kinds of color, shape, and sizes. Some are legal, most are not. Some are only prescribed by a doctor, some are sold over the counter, while others are only sold on the street.  In today’s world of “a pill will cure it”, how can you be sure that your workplace is safe? As an employer, or as an employee, how can you be sure that the person working beside you is thinking clearly and is not going to put your life or the life of your employees in jeopardy? 

In addition to illegal drugs, we have also become numb to the rise in prescription pain killers which are also leading to skyrocketing drug abuse. You can find a pill for anything and, in most cases, find a doctor who will prescribe it. However, with the increase in abuse in America’s workplace, how is this affecting your ability to run a profitable, safe, and thriving business? Also, what are the real costs of drug abuse in America and what can we do as a society and as individual employers to decrease the rising costs?

Understanding the Drug Epidemic

It is estimated that over 70% of the 14.8 million Americans who use illegal drugs are employed.2  This statistic, coupled with the fact that there are so many drugs on the market today, it is difficult to understand our individual contribution as well as our country’s costs. Drugs today can be classified in many categories, including stimulants, inhalants, cannabinoids, depressants, opioids & morphine derivatives, anabolic steroids, hallucinogens, and prescription drugs.  

With all of these drugs out on America’s streets, what are the best ways to safeguard your work environment and ensure the safety of your customers, your employees, and yourself?  In recent studies, it has been found that illegal and prescription drug abuse in the United States costs us more than $271.5 billion a year, not including other costs to society such as the impact on productivity, crime, and healthcare. There has also been a steady decline in employer screening solutions due to the very low unemployment rate and the rise of recreational marijuana legalities.

Today we know that the employer costs are rising and the rate of violence in the workplace continues to increase. In a recent study by Quest Diagnostics, it stated that that the “percentage of workers testing positive for drugs hit a fourteen-year high in 2018”. “Positivity rates” (positive test results) showing drug use among U.S. workers increased nearly five percent in urine drug tests (4.2 percent in 2017 versus 4.4 percent in 2018), climbing to the highest level since 2004 (4.5 percent). Quest Diagnostics contends that drug usage among workers is now more than 25 percent higher than the thirty-year low of 3.5 percent recording between 2010 and 2012.”3

With the rise in individual drug usage, employer risks have increased and the costs have skyrocketed. In the same time period workplace safety and productivity, relative to the corresponding drug costs, have declined. Missed work, higher insurance costs, and lost wages have all become the normal costs of doing business and oftentimes we don’t understand that specific measures can drastically reduce our individual and collective costs.  Recently the NSC (2019) did a study on workplace absenteeism and treatment measures that could be offered to employees. They stated, “when individuals with substance use disorders receive treatment and recover, absenteeism decreases by 36% and work turnover decreases by 13% compared to a person with an active substance use disorder.”4

It is also reported that drug abuse costs the nation more than $120 billion per year in lost productivity, according to The National Drug Intelligence Center (NDIC). According to NDIC estimates, drug abuse accounts for, $49 billion in reduced work days, $48 billion in incarceration expenses, and $4 billion due to premature deaths.

Peopletrail Drug Testing

With these rising costs all across America, how can you protect yourself from the rising costs of insurance, healthcare, and liability cases that swirl around us? Trust yourself and your business to an accredited TPA (Third Party Administrator) that can determine the best way to work with your requirements, your employees, your costs, and your desires. Through an initial consultation, Peopletrail will move you through an initial investigation and assessment to determine the appropriate costs, needs, and requirements to keep your work environment safe and to encourage responsible drug addiction recovery if needed. According to Wally Davis, Peopletrail CEO, “we are finding more and more drug-related concerns for our customers in recent years and the rate of increase is alarming.” Recent increases in harmful opioids are alarming and will definitely add to labor, insurance, and health-related costs.

Drug Testing varies depending upon the type of drug and specimen being tested.  Drug tests include urine, hair, saliva and can also test specific drugs. Drug testing solutions are easy to administer and offer a level of confidence that assures a safe working environment. Specific pre-employment testing, including random drug testing, must be a part of your employment and Human Resource actions to help reduce the costs and increase safety in the workplace.

We all own this problem in America and it’s our responsibility to fix it. With the help of third-party drug administrators, like Peopletrail, LLC, you can be guarded against the travesties that illegal and recreational drug abuse can cause.

References:

1. https://www.usatoday.com/story/money/2019/03/29/addiction-at-work-as-employees-abuse-opioids-pot-alcohol/3232928002/

2. https://www.facingaddiction.org/resources/alcohol-drugs-in-the-workplace

3. https://www.cbsnews.com/news/american-workers-testing-positive-for-drug-use-at-14-year-high/

4. https://www.nsc.org/work-safety/safety-topics/drugs-at-work/substances

5. https://www.verywellmind.com/what-are-the-costs-of-drug-abuse-to-society-63037

Written by Todd Williams, Peopletrail Chief Revenue Officer

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Regulatory & Legal Alerts – Dec. 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

Illinois 

Augusta commissioners tackle sensitive personnel issues in subcommittee meeting, Read More.

New Mexico

Medical pot can disrupt job searches in New Mexico, Read More.

New York

Hiring Personnel in New York: Dos and Don’ts – Offer Letters and Background Checks, Read More.

Westchester may prohibit employers from asking about convictions on job applications, Read More.

South Carolina

Georgetown County School Board considers drug testing, credit checks and higher pay, Read More.

Tennessee

School staffs must undergo five-year background checks, Read More.

Federal LegislationFederal Legislation

How Elected Officials Shaped the FCRA: Congress’s Intent to Preempt State Law Claims, Read More.

No Double-Dipping Under FCRA, Read More.

Fair Credit Reporting Act Remains Fertile Ground for Compliance Issues and Litigation, Read More.

FTC Seeks Comment on Military Consumers Credit Monitoring Rule, Read More.

Background Checks

What does a background check really reveal? Read More.

Bad background checks are more expensive than you think, Read More.

Employers: Consider Pre-Employment Background Checks, Read More.

More Background Check Concerns for Crestwood School District, Read More.

Nearly 130 Chicago Public Schools employees, including 9 teachers, ousted over background check issues, Read More.

Port Authority won’t ask about criminal history in initial job applications, Read More.

Can an outside investigation constitute a “consumer report” under FCRA? The Seventh Circuit appears skeptical, Read More.

Teacher charged with attempted murder passed criminal background and reference check, records show, Read More.

Confusing Background Check Disclosures Can Get an Employer in FCRA Hot Water! Read More.

Lawsuits

Damages are no slam dunk in FCRAland, Read More.

Employers: Consider Pre-Employment Background Checks, Read More.

Preemption Not a Silver Bullet to Defeat State Law Claims, Read More.

Allegations of Inconsistent Communications from Auto Lender Survive Motion to Dismiss, Read More.

Can an outside investigation constitute a “consumer report” under FCRA? The Seventh Circuit appears skeptical, Read More.

FCRA Litigation on the Rise, Read More.

FCRA Disclosures: Too Much Information, Not Enough, or Just Right? Read More.

Big Brands

Judge says Uber “gravely misled” regulators and judges after chief magistrate ruled in taxi app’s favour despite husband’s links to the firm, Read More.

HomeAdvisor recommended contractor with criminal record to Union County couple, Read More.

Eastbound, but not out. Loaded up but not trucking, Read More.

Court approves FCRA class settlement against Petco, Read More.

Drug Testing

Workplace Drug Testing In The Age Of Legalization, Read More.

Eating Poppy-Seed Bagels and Other Excuses for Failing Workplace Drug Tests, Read More.

Pot shops may be open, but you can still be fired over weed, Read More.

As marijuana becomes legalized, will employment drug testing change? Read More.

Court approves FCRA class settlement against Petco, Read More.

Handwritten sign at Tennessee business advertises ‘No drug tests. No background checks,’ Read More.

Black, Latino drivers sue Amazon over firings based on background checks, Read More.

GDPR

Clinical Trials Regulation v. GDPR: how data protection affects research under Italian Data Protection rules, Read More.

GDPR compliance: Key steps in the GDPR compliance journey, Read More.

GDPR: companies should look beyond passwords, says ICO, Read More.

Ireland: GDPR And NIS: Is Your Business Subject To Additional Breach Reporting Obligations? Read More.

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Regulatory & Legal Alerts – Nov. 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

California

The California Consumer Privacy Act: Getting a Head Start on Compliance, Read More.

California Supreme Court’s Clarification of ‘Background Check’ Laws, Read More.

Georgia

Augusta commissioners tackle sensitive personnel issues in subcommittee meeting, Read More.

Virginia

New app helps keep Hampton officers and the community safe, Read More.

Federal LegislationFederal Legislation

Employers Should be Aware of New Forms for Background Check Compliance, Read More.

FCRA Filings on the Rise, Read More.

EEOC Reminds Employers of the Importance of Targeted Screening and Individualized Assessment Processes, Read More.

8th Circuit Dismisses FCRA Claims for Lack of Standing, Read More.

EEOC Continues to Scrutinize Criminal Record Screening Policies, Read More.

What’s a “Reasonable” Reinvestigation: Defining Consumer Reporting Agency Obligations Under FCRA, Read More.

State Law Claims Beware: When FCRA Preempts Claims Brought Under Other Laws, Read More.

Stating a Claim Under the Fair Credit Reporting Act: A Primer on 1681s-2(b) Claims, Read More.

FTC Settles Fair Credit Reporting Act Action with Tenant Background Screening Company, Read More.

Federal Legislation Enables Consumers to Obtain Security Freezes on Credit Reports Free of Charge, Read More.

FTC Flexes FCRA Muscle with $3M Settlement, Read More.

Background Checks

Slow background checks cause staffing woes for child care providers, Read More.

Lack of state law could put school children at risk, Read More.

Employers Should be Aware of New Forms for Background Check Compliance, Read More.

In the background: A crucial step in the hiring process can be a background check, Read More.

What Cross-Border Employers Need to Know About Applicant/Employee Background Checks, Read More.

How Do Employment Background Checks Work? Read More.

Avoiding “The Predator” Controversy: Are Background Checks a Solution? Read More.

When Background Checks Go Bad: How to Fix Misinformation in Your Report, Read More.

Why Your Company Must Check People Thoroughly Prior to Hiring, Read More.

Background checks could ruin ability to rent, Read More.

Lack of Bus Driver Background Checks Closes Schools, Read More.

Requesting a Background Check to Make an Employment Decision? Read This First, Read More.

New FCRA Form to Be Used with Background Checks, Read More.

Fifth of employers ask about criminal records in potentially unlawful way, Read More.

Va. criminal database missing 750,000 cases used for gun and background checks, crime scene investigations, Read More.

Crestwood cancels classes again over background checks, Read More.

Duke’s move to ‘ban the box’ follows trend established by other universities, states, Read More.

Lawsuits

What’s a “Reasonable” Reinvestigation: Defining Consumer Reporting Agency Obligations Under FCRA, Read More.

States are Immune from Suit Under the FCRA, Read More.

FTC Reaches $3 Million Settlement with a Tenant Screening Company Over Alleged FCRA Accuracy-Related Violations, Read More.

CFPB Announces Settlement with Tennessee Small Dollar Lender, Read More.

Drug Testing

Florida store owner: Don’t warm urine in my microwave, Read More.

Inside the opioid epidemic: Does your drug-free workplace policy comply with anti-discrimination laws? Read More.

Oklahoma businesses need clarity on marijuana, Read More.

Colorado pilot fired, loses license for unknowingly eating marijuana edible, Read More.

Drug testing company charged with faking truck driver results, Read More.

Cheating on drug tests on the rise in the Permian Basin, testing facility says, Read More.

New OSHA Guidance: Certain Safety Incentive Programs, Post-Accident Drug Tests Permissible, Read More.

Marijuana Madness: This Is How CBD Oil Can Cause A Failed Drug Test, Read More.

OSHA Issues New Drug Testing and Incentive Program Guidance, Read More.

Drug testing company reports increase in cheating, Read More.

Chunks of hair taken from Kansas students for school’s random drug tests, parents say, Read More.

Drug testing and safety rules clarified, Read More.

Interact Sensitively with Employees Addicted to Opioids, Read More.

Credit Checks

Credit Checks And Jobs, Read More.

How your credit score impacts employment opportunities, Read More.

What employers are looking for when they check your credit report, Read More.

Why Employers Check Your Credit Report, Read More.

More Employers Are Checking Credit Reports. Should You Be Worried? Read More.

GDPR

Understanding China’s Incoming Cybersecurity Legislation, Read More.

Dramatic Increase in French Privacy Complaints Since GDPR, Read More.

Be Prepared – The German DPAs will start random GDPR audits, Read More.

New law introduced to implement GDPR, Read More.

6 Months After GDPR: What Are the Trends in How Data Transfer and Sharing in Marketing Has Changed? Read More.

UK’s Data Protection Authority Enforces GDPR, Read More.

Argentina’s new Bill on Personal Data Protection, Read More.

GDPR’s Most Frequently Asked Questions: When would a law firm be required to appoint a Data Protection Officer? Read More.

Why ‘Right To Delete’ Should Be On Your IT Agenda Now, Read More.

United States: UK’s Data Protection Authority Enforces GDPR, Read More.

Hungary: Employers unlawfully requesting criminal records from employees face fines, Read More.

Employee Data Subject Access Requests: Part 1 – where are we now and what questions remain? (UK) Read More.

A Global Roadmap To Personal Data Protection: Asia Pacific, Europe & USA – Japan, Read More.

Why Cooperating With Non-GDPR Compliant Companies Can Actually Put Your Own Company at Risk, Read More. 

5 Steps to GDPR Compliance, Read More.

How GDPR Is Prompting Renovation of Data Protection Practices Worldwide, Read More.

GDPR: Winter is coming (and enforcement is too) Read More.

On the Road to Reconciling GDPR and Blockchain, Read More.

GDPR: the ‘controller v processor’ debate in financial services, Read More.

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Regulatory & Legal Alerts – Oct. 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

Colorado

New training, background check requirements implemented for Denver security guards, Read More.

Connecticut

Federal Court Rules in Favor of Worker Rejected for Medical Marijuana Use, Read More.

Louisiana 

New Orleans City Council Advances ‘Ban the Box’ Ordinance, Read More.

Michigan

Governor bans felon box on state job applications, Read More.

Michigan Marijuana Legalization Proposal Does Not Contain Protections Against Employee Drug Tests, Read More.

Ohio

Governor Says Background Check Rule Won’t Cost Medicaid Providers Their Jobs, Read More.

Federal LegislationFederal Legislation

Congress Bill Submitted to End Cannabis Testing for Federal Employees, Read More.

BCFP Updates FCRA Disclosure Rules, Read More.

New Amendments to the FCRA Grant New Consumer Rights and Impose New Disclosure Requirements, Read More.

Using FCRA’s Expansiveness as a Shield: CFPB Gets Pushback on FCRA Subpoena, Read More.

New FCRA Summary of Rights Notice Requirements Go into Effect, Read More.

New law helps protect your credit against identity thieves, Read More.

New FCRA Summary of Rights Released, Read More.

Bureau of Consumer Financial Protection Issues Updated FCRA Model Disclosures, Read More.

Court finds that disclosures mandated under FCRA must meet the precise requirements of the Act, Read More.

Background Checks

Nine people hoping to work LSU game arrested on warrants due to new background check policy, Read More.

L’Oreal is doing ‘background checks’ as part of a new influencer vetting process, Read More.

Employer Must Obtain Written Authorization To Conduct Background Check, Read More.

Legal checks on background checks, Read More.

Schools officials bypassed full background checks for more than 100 bus drivers, Read More.

Southwest Key misses background check deadline, could lose license, Read More.

Lafayette public library officials address background checks and security, Read More.

More Employers Try Continuous Background Screening, Read More.

More Human Resource Managers are Requesting Executive Background Checks in 2018 According to Corporate Resolutions, Read More.

Why drug testing saves companies, careers and lives, Read More.

CPS recommends 13 additional workers be fired for failing background re-check, Read More.

CFPB Issues New Background Check Summary of Rights Form With Imminent Effective Date, Read More.

Beaufort County looking at extra security measures for schools. How much would it cost? Read More.

Here’s a roadmap to navigating background check laws, Read More.

Duke Bans the Box, Read More.

FBI Background Checks: How do they work? Read More.

Lee County School District disputes critical state audit, Read More.

Shawnee Mission Gets Ride of Fingerprints in Background Checks of School Volunteers, Read More.

DBS targets employment check scammers, Read More.

Murder suspect coached youth football team, league says he lied on background check, Read More.

CMS hires company that conducts ‘more robust’ criminal background checks, Read More.

Lawsuits

3rd Circ. Breathes New Life Into Job Applicants’ SEPTA Suit, Read More.

When Technicalities Are (And Are Not) Associated with Concrete Harm: The Spokeo Analysis as Applied in Long v. SEPTA, Read More.

How Much is a FCRA Violation Going to Cost you? Read More.

Putative Class Action Dismissed after Court Finds that Accurately Reported College Enrollment Dates and Degree-Conferral Status Are Not Adverse Information, Read More.

FCRA Disclosures and Authorization, Read More.

Court Does Not Believe Defendant Intentionally Destroyed Records to Avoid Identification of Potential Plaintiffs in FCRA Class Action, Read More.

False report of prison time satisfies Spokeo’s requirement of injury in fact, Read More.

Court Analyzes When the Statute of Limitations Begins Running in FCRA Case, Read More.

Fifth Circuit Gets it Right, Affirms Summary Judgment, Read More.

Medical marijuana showed up on drug test that cost woman a job. A judge says that was discrimination, Read More.

11th Circuit Weighs in on “Injury In Fact,” Read More.

Drug Testing

Drug tests are a major factor in keeping skilled workers from filling trade jobs, Read More.

Brooksville man attached squirt bottle to genitals to cheat drug test, deputies say, Read More.

‘Human urine sales’ are rocketing with rise of workplace drug tests, Read More.

Big Brands

Uncheck that Box: Santangelo v. Comcast Corporation, Read More.

Uber will conduct annual background checks on Colorado drivers, Read More.

Credit Checks

Be Aware of Identity-Theft Tactics, Read More.

GDPR

Facebook could be fined up to $1.63 billion for a massive breach that may have violated EU privacy laws, Read More.

Watchdog Getting More Data Complaints After GDPR, Read More.

What the Eir breach and GDPR can teach us about multilayered data security, Read More.

Why is metadata management so important when it comes to GDPR? Read More.

First Notice Filed Under GDPR against Canadian Analytics Firm, Read More.

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Regulatory & Legal Alerts – September 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

California 

California Supremes Offer Compliance Guidance for Background Checks, Read More.

Delaware

Delaware ‘Clean slate’ Bill Promises Second Chance to Drug Offenders, Read More.

Illinois

Criminal background checks now required for all amusement park employees, Read More.

Federal LegislationFederal Legislation

Appeals Court Rules in Favor of Source for Public Data, Read More.

The Protecting Tenants at Foreclosure Act: Back to the Future, Read More.

Background Checks

Kittery to investigate whether driver who crashed van had background check, Read More.

Teacher background checks give parents peace of mind. Read More.

OPENonline Enhances Their Background Screening Services, Launches Social Media Screening Solution, Read More.

Aspen School District expands HR director’s background check, Read More.

Palisades Park skipped background checks on school armed guards, records show, Read More.

Professors With Sexual Misconduct in Their Pasts, Read More.

Bus driver accused of abandoning SCS students had a red flag in record, Read More.

My Turn: Phil Ricci: A safe environment for children, Read More.

After Polk firefighter Cody ‘Little Savage’ Wesling arrested on murder charges in death of rival motorcycle gang leader, county tightens hiring process, Read More.

New Background Requirements for Child Care Providers, Read More.

Lawsuits

Lawsuits

Judge: Bridgeton factory not required to let worker use marijuana, Read More.

Judge Tosses Medical Marijuana User’s Disability Discrimination Suit, Read More.

Consumer Reporting Agency Violated FCRA, Fired Workers Say, Read More.

Frisco man struggling to get job wanted to keep $60M fraud indictment from prospective employers. A judge said no.

Drug Testing

Researchers make meth in their lab for drug-test device, Read More.

Spanish driver tests positive for every drug in test, Read More.

County adopts new drug test, towing policies, Read More.

Cops: North Huntingdon man taped ‘bladder’ bottle to himself to pass drug test Read More.

Ex-Tesla employee who alleges she was fired for failing drug test: Musk smoking weed ‘like a slap in the face’, Read More.

Credit Checks

Check Your Kid’s Credit History, Read More.

Credit Card Freezes 101, Read More.

 

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts

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Regulatory & Legal Alerts – August 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

California 

California’s Data Privacy Law: What It Is and How to Comply (A Step-By-Step Guide), Read More.

Hawaii

Hawaii Prohibits Employers from Asking Job Applicants about Salary History, Read More.

Maine 

Child care workers to face background checks, fingerprints, Read More.

Vermont

Employment Laws: Vermont Employers Can’t Ask About Salary History, Read More.

Federal LegislationFederal Legislation

FTC Testifies Before Senate Banking Committee on Fair Credit Reporting Act, Read More.

FTC: Fair Credit Reporting Act Still Top Priority, Read More.

Background Checks

NO CRIMINAL HISTORY According to WORST. BACKGROUND. CHECK. EVER. Read More.

Background Checks Are Viewed Skeptically in Some Parts of the Globe, Read More.

FBI To Start Using A 2nd Database for Gun Background Checks, Read More.

Get Ready for Rolling Background Checks at Work, Read More.

Lawsuits

Lawsuit claims court clerk keeps documents from screeners, Read More.

Drug Testing

Fentanyl fuels rise in overdoses, Read More.

The Far-Reaching, Positive Impact of Workplace Drug Testing, Read More.

Drug testing your employees: Can you? Should you?, Read More.

Serena Williams Pushes Back in Strange Drug Testing Controversy, Read More.

More employers are dropping marijuana from drug tests. Here’s why the trend in Iowa is a slow burn, Read More.

Opiate and cocaine use up in Q2 2018 workforce drug tests, Read More.

Massachusetts Woman Suing Sodexo Over Drug Test Termination, Read More.

Big Brands

Uber drivers are now subject to continuous background checks, Read More.

State Farm Defeats Job Applicant’s Credit Check Lawsuit, Read More.

Lyft beefing up background checks after latest driver arrest, Read More.

 

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Regulatory & Legal Alerts – July 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

California 

Overlap Voids Background Check Laws, Calif. High Court Told, Read More.

5 Hiring Mistakes to Avoid in California, Read More.

Georgia

Georgia Enacts New Background Check Legislation for Long-Term Care Providers, Read More.

Illinois 

Illinois House Approves Uber & Lyft Background Check Measure, Read More.

New bill raises employment privacy concerns, Read More.

Iowa

Linn County bans criminal history question for county job seekers, Read More.

Johnson County joins Linn County in ‘banning the box,’ Read More.

Indiana

How Indiana’s Legalization of CBD Oil Will Impact Workplace Drug Testing, Read More.

Kansas

Governor Colyer issues Executive Order to “Ban the Box” on Executive Branch employment applications, Read More.

Massachusetts 

Background checks underway, CCC may start awarding licenses next week, Read More.

New York

Continued Enforcement of New York’s Ban the Box Law, Read More.

Oregon

Portland proposes to help renters expunge convictions, Read More.

Pennslyvania 

York City Council adopts fair chance hiring policy, Read More.

Federal LegislationFederal Legislation

Concerns Raised about Incomplete Background Checks on IRS Employees, Read More

Background Checks

How to deal with an employment background check when you get a job, Read More.

Research: Employers Willing to Overlook a Criminal Record to Hire the Right Person, Read More.

3 Reasons You Might Fail a Background Check at Work, Read More.

Research: Employers Willing to Overlook a Criminal Record to Hire the Right Person, Read More.

AG warns 21 employers they violated ban on asking about criminal convictions; 3 are fined, Read More.

3 Must-Do’s You Should Complete Beyond the Interview to Vet That Potential New Hire, Read More.

“He Was The Perfect Applicant… Until We Received The Background Check,” Read More.

7 HR Questions (and Answers) About Employment Screening, Read More.

Big Brands

J&J Can’t Arbitrate Applicant’s Background Check Claims, Read More.

Uber changes direction on drivers’ criminal history, Read More.

Drug Testing

When are you allowed to drug test an employee? Read More.

Does Drug Testing for Marijuana Tell Us Anything? Read More.

Supreme Court Refuses to Hear Random Drug & Alcohol Testing Appeal, Read More.

Injured worker loses appeal on a positive drug test, Read More.

 

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Peopletrail No Comments

Regulatory & Legal Alerts – June 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

California 

San Francisco Amends Fair Chance Ordinance, Restricts Employer Inquiries About Marijuana-Related Convictions, Read More.

Overlap Voids Background Check Laws, Calif. High Court Told, Read More.

Georgia

Under Georgia Bill, Elder Care Workers Face Stricter Background Checks, Read More.

Georgia Enacts New Background Check Legislation for Long-Term Care Providers, Read More.

Illinois 

Illinois House Approves Uber & Lyft Background Check Measure, Read More.

Iowa

Linn County bans criminal history question for county job seekers, Read More.

Indiana

How Indiana’s Legalization of CBD Oil Will Impact Workplace Drug Testing, Read More.

Kansas

Governor Jeff Colyer signs order to ‘ban the box’ on criminal history for state jobs, Read More.

 

Massachusetts 

Background checks underway, CCC may start awarding licenses next week, Read More.

North Carolina

Wilmington City Council approves Ban the Box ordinance, Read More.

Pennslyvania 

Northampton County ‘bans the box’ but still must perform criminal checks for most jobs, Read More.

York City Council adopts fair chance hiring policy, Read More.

Tennessee

Legislation protecting Tennessee children passes, Read More.

Washington

Seattle Sued Over Law Banning Landlords from Conducting Criminal Background Checks, Read More.

Landlord group sues to block Seattle’s Fair Chance Housing law, Read More.

Federal LegislationFederal Legislation

Concerns Raised about Incomplete Background Checks on IRS Employees, Read More

Background Checks

Background check: verbal verification of employment and other intrusions, Read More.

Raymond James Background Check Suit Sent To Fla. Read More.

Background check best practices: Balancing the law with business needs, Read More.

How to deal with an employment background check when you get a job, Read More.

Tip sheet: When you should — and should not — do a background check on potential employees, Read More.

The Quality You Should Demand From Your Background Check Service, Read More.

Research: Employers Willing to Overlook a Criminal Record to Hire the Right Person, Read More.

3 Reasons You Might Fail a Background Check at Work, Read More.

MeToo has forever changed the ground rules for employers, Read More.

Research: Employers Willing to Overlook a Criminal Record to Hire the Right Person, Read More.

Big Brands

Frito-Lay pays $2.4M to settle applicants’ background check claims, Read More.

NAACP Settlement: Target Will Change Background Check Policy, Read More.

J&J Can’t Arbitrate Applicant’s Background Check Claims, Read More.

Uber Can’t Arbitrate Background Check Claims, Riders Say, Read More.

Drug Testing

Can California Employers Still Test for Marijuana? Read More.

Can Employers Discriminate Against Certified Medical Marijuana Users? Read More.

California pot shops about to be on the hook for steep state fees, background checks, Read More.

Facing Shrinking Applicant Pool, Employers Easing Drug Testing Requirements, Read More. 

When are you allowed to drug test an employee? Read More.

Positive workplace drug tests remain at 10-year high, Read More.

Does Drug Testing for Marijuana Tell Us Anything? Read More.

3 Things Employers Need to Know About Drug Testing Where Marijuana is Legal, Read More.

Omega Laboratories Announces Groundbreaking 17-panel Hair Drug Test to Help Organizations Tackle Drug Epidemic, Read More.

Confusion as marijuana is legalized but big banks still test employees, Read More.

Drug Test Cups Market Growth Analysis, Share, Demand by Regions, Types and Analysis of Key Players- Research Forecasts to 2023, Read More.

Drug testing has become perilous for employers, Read More. 

Q&A with Allen L. Hutson: Medical marijuana legalization poses unique questions for employers, Read More.

 

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts

Peopletrail No Comments

Regulatory & Legal Alerts – May 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

California 

San Francisco Law Would Expand the Bar on Background Checks, Read More.

San Francisco Amends “Fair Chance Ordinance” to Align with Portions of California’s New Statewide Ban-the-Box Law, Read More.

Iowa

Iowa Amends Tough Drug Testing Law to Lower Standard for Positive Alcohol Tests, Read More.

Louisiana 

Rep. Barras introduces ridesharing legislation, Read More.

Massachusetts 

Massachusetts Adjusts Limits on Employer Inquiries into Job Applicants’ Criminal History, Read More.

Michigan

Michigan Bans the Ban: New Law Stops Local Government Regulations on Employer Inquiries, Read More.

New Jersey 

NJ marijuana legalization: Should employers drop drug tests?, Read More.

New York 

Latimer signs order to ‘Ban the Box’ for county job applicants, Read More.

Federal LegislationFederal Legislation

Federal judge dismisses gun background check system lawsuit, Read More

Background Checks

HR Confidential: I hired him without performing a background check. Then he stole his colleagues’ identities, Read More.

Imperva Largely Dodges Worker Background Check Suit, Read More.

Report: FCRA Litigation Filings Continue to Increase, Read More.

U.S. Youth Soccer facing legal challenge over background check issue, Read More.

Employee Background Checks: Avoiding FCRA Liability When Conducting Due Diligence, Read More.

Sherrod Brown seeks $20M for police drug-testing devices, Read More.

California Employers: Beware the Background Check Bugaboos, Read More.

Big Brands

Cunningham bill seeks stronger Uber background checks after driver charged in SLO rapes, Read More.

Target settles background check lawsuit for $3.7M, Read More.

Frito-Lay Agrees To Pay $2.4M In Background Check Action, Read More.

Uber boosts security with background checks and 911 integration, Read More.

Petco Applicants Seek OK Of $1.2M Background Check Deal, Read More.

Drug Testing

The 6 Most Ridiculous Ways People Have Tried To Pass A Drug Test, Read More.

World’s first fingerprint drug test can tell if person has taken cocaine, opiates, cannabis or amphetamines, Read More.

States move to ban fake urine, a new challenge for drug testing amid an abuse epidemic, Read More.

Barnett sues supplement company allegedly responsible for failed drug test, Read More.

Can Employers Still Drug Test if Cannabis is Legal in My State? Read More.

Cannabis Control Commission Divided on Background Check Process, Read More.

Credit Checks

Reminder: You Might Qualify For Part Of Toyota’s $21.9 Million Discrimination Settlement, Read More.

 

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts