Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. This helps you remain compliant with the FCRA, EEOC, and other regulatory standards or agencies. The following includes recaps of the most significant updates impacting the screening industry in recent weeks.
State
California
Effective January 1, 2018, California will become the tenth state to pass the “ban-the-box” law which removes the conviction history question on job applications for private employers with five or more employees. Read More.
Washington
In Spokane County, Washington, job applicants will no longer be asked to disclose criminal convictions from the past 10 years. In addition, the county will not conduct background checks until after determining a candidates qualifications. This new policy does not apply to departments that deal with public safety and it also does not apply to private-sector jobs. Read More.
New York
Effective Oct. 7, 2017, a law in New York State makes it possible for individuals convicted of certain criminal offenses to have up to two convictions sealed. Under certain circumstances, the New York Criminal Procedure Law allows an individual to file a motion to seal no more than two criminal convictions, one of which may be a felony. Read More.
Arizona
The Arizona Governor signed an executive order instructing all state agencies to adopt new hiring practices that don’t discriminate against people who have been arrested or been in prison. Read More.
Federal
Bus Driver Fired for Refusing ‘Mark of the Devil’ in Background Check Can Sue Employer, 10/31/2017
FCRA Suits Increase 60% from August to September
According to a litigation statistics report issued by WebRecon LLC, consumer lawsuits alleging a violation of the Fair Credit Reporting Act increased by nearly 60% in September from the prior month. Read More.
Richard Cordray is stepping down as head of Consumer Financial Protection Bureau, 11/15/2017
Feds Clarify: Medical Marijuana Isn’t An Excuse In Drug Testing, 11/10/2017
Simple Compliance with a Complex Law, 11/14/2017
Lawsuits
Avis Settles FCRA Background Check Lawsuit for $2.7 Million
In Angela Fuller v. Avis Budget Car Rental LLC, the car rental company Avis will resolve its $2.7 million class action settlement to resolve Fair Credit Reporting Act claims related to its background screening practices. Read More
Uber Hit With $8.9 Million Colorado Fine Over Background Check Oversight
The Colorado Public Utilities Commission said an investigation found multiple violations of state laws for ride-hailing drivers. It found 12 Uber drivers with felony convictions, 17 drivers with major moving-vehicle violations, and three with restricted licenses due to drunk-driving convictions. Colorado will fine Uber $2,500 a day for each day an unqualified driver was working. Read More.
FINRA Slams J.P. Morgan Securities Over Background Check Failures
The Financial Industry Regulatory Authority fined J.P. Morgan Securities $1.25 million for failing to conduct “timely or adequate background checks” on approximately 8,600, or 95%, of its non-registered associated persons. This prevented the brokerage firm from determining whether those persons could have been deemed unsuitable to work at the firm. Read More.
Drug Testing
DOT Changing Drug Testing to Address Opioid Abuse Epidemic
The Department of Transportation plans to add four prescription opioids—hydrocodone, hydromorphone, oxymorphone, and oxycodone—to the existing DOT drug-testing panel for screening truck drivers and other “safety-sensitive” transportation workers. The change is part of a final rule to take effect on Jan. 1, 2018. Read More.
Employers Should Consider a Prescription Drug Use Policy to Avoid Lawsuits, 11/27/2017
Mercy to pay $1.5M for overbilling for drug screening tests, 11/1/2017
Background Checks
No, You Really Cannot Ask That and Other Implications of New Laws Impacting Employers, 10/30/2017
Maryland boots nearly 15 percent of new ride-hail drivers for failing screening, 10/28/2017
Day care providers blast fingerprint requirement, 11/1/2017
How to Comply with I-9 Requirements for Remote Workers, 11/8/2017
Candidates lie the most about job history in CVs, and BFSI has the highest strike rate, 11/15/2017