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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

New Jersey 

New Jersey Governor signed the “Personal Information and Privacy Protection Act,” which takes effect Oct. 1. The legislation regulates the amount of information a retail establishment can collect from a driver’s license or any government-issued ID card. The law also requires family day care providers to undergo criminal background checks. Read More

California

The California Public Utilities Commission determined that it won’t require ride-hailing services like Uber and Lyft to perform fingerprint-based background checks for their drivers. However, it proposed the introduction of a yearly, non-biometric background check requirement for the companies. Read More.

Governor Brown Signs Criminal Justice Reform Legislation, 10/11/2017

California Governor signed legislation to improve California’s criminal and juvenile justice systems. The legislation creates an honorable discharge program for youth who successfully complete probation after release from the Department of Juvenile Justice. Read More

California bans the box, outlaws salary history questions, 10/16/2017

California Governor signed various employment bills into law last week, including a “ban the box” law that takes effect Jan. 1. Also taking effect, this law will prohibit employers from asking questions regarding a candidate’s pay history. Read More

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors Liable for Subcontractors’ Wage and Benefit Obligations, 10/17/2017

California governor sign 3 new, employment-related bills into law. These laws include restricting inquiry into applicant’s conviction history and expanded harassment training. The law also makes building contractors jointly liable for subcontractors’ wages and benefit obligations. Read More

 

Court Cases

Man awarded $37,500 after being arrested in Florida by cops who mistook his leftover Krispy Kreme doughnut glaze for crystal meth

A Florida Man reached a settlement with the City of Orlando after being arrested. The police officers mistook doughnut glaze for crystal meth and performed a roadside drug test that inaccurately showed positive results for an illegal substance. He sued both the city of Orlando and the manufacturer of the drug kit that incorrectly identified the glaze as meth. Read More.

District Court Dismisses Putative FCRA Class Action For Lack Of Standing

A California district court recently dismissed a putative class action against Home Depot, U.S.A. Inc. The court found that the plaintiff lacked standing to pursue her claims. The court concluded that merely asserting a violation of FCRA’s standalone disclosure requirement is insufficient without connecting it to a concrete injury. Read More.

Court Holds that Receiving an Updated Background Report May Require a Second Pre-Adverse Action Notice

A recent federal court decision demonstrates the importance of employers following the highly technical requirements when using background reports for hiring and other employment decisions. In Wright v. Lincoln Prop. Co., a judge in the Eastern District of Pennsylvania considered how an employer can comply with the adverse action process if it relies on an initial background report before revoking a job offer, but then receives a subsequent, corrected report. Read More.

Spokeo Dooms UPS Background Check Suit, Judge Rules

A Florida federal judge ruled that a rejected applicant to UPS Inc. can’t sustain a proposed Fair Credit Reporting Act class action. Allegedly, the company failed to disclose background check results because he got his report from another source and so was not harmed per the U.S Supreme Court’s Spokeo decision. Read More. 

Waffle House Wants Applicant Background Check Suit Tossed

Waffle House asked a Florida federal judge to toss a putative class action over its alleged practice of conducting background and credit checks on potential hires, arguing the applicants cannot show any actual injury or that it had conducted any searches without a permissible purpose. Read More.

Federal

New mandatory opioid drug testing will now be required in federal workplaces. The Substance Abuse and Mental Health Services Administration (SAMHSA) announced new federal guidelines for federal workplace drug testing. As of October 1, the guidelines provide authority to test for four new opioids in mandatory drug tests. Read More.

Background Screening News in Brief

Background Checks

What HR Needs to Know About Expunged Criminal Records and Background Checks, 09/29/2017
Local experts, activists fear “ban the box” causing employment discrimination, 09/30/2017
Child care center operators gear up for big hike in costs of background checks, 10/06/2017
Court Holds that Receiving an Updated Background Report May Require a Second Pre-Adverse Action Notice, 10/10/2017
Employers Should Share All Background Check Reports Before Revoking Job Offers, 10/20/2017
FCRA 101: How to Avoid Risky Background Checks, 10/20/2017
Convicted rapist worked security at rape counseling center because of failure in state background check, 10/24/2017
Baltimore to pay nearly $2M to Chicago firm to do quicker background checks on police, 10/26/2017
What do employers need to know about the ‘ban the box’ law, 10/30/2017

State Legislation

New New Jersey Laws That Take Effect Oct. 1, 2017, 09/29/2017
California Regulators Decide Against Biometric Background Checks for Uber, Lyft, 10/06/2017
Governor Brown Signs Criminal Justice Reform Legislation, 10/11/2017
California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors Liable for Subcontractors’ Wage and Benefit Obligations, 10/17/2017
Repeat Job Seekers With Arrest Records Find Holes in D.C.’s “Ban the Box” Law, 10/19/2017
Lincoln to exempt ride-hailing companies from city oversight, 10/17/2017
California Moves Outside the Box, Imposes New Criminal Background Check Prohibitions, 10/24/2017

Federal Legislation

Bill seeks to amend Fair Credit Reporting Act, 10/16/2017

Big Brands

Spokeo Dooms UPS Background Check Suit, Judge Rules, 10/02/2017
Waffle House Wants Applicant Background Check Suit Tossed, 10/02/2017
Fair Credit Reporting Act Continues to Fuel Class Action Litigation, 10/3/2017
Man awarded $37,500 after being arrested in Florida by cops who mistook his leftover Krispy Kreme doughnut glaze for crystal meth
District Court Dismisses Putative FCRA Class Action For Lack Of Standing, 10/29/2017

Drug Testing

Groundbreaking fingerprint test detects cocaine in seconds, 09/29/2017
Court rules in favor of Suncor on drug testing; union to keep fighting, 09/29/2017
Drug tests becoming more of a hiring obstacle for NH employers, 10/01/2017
Federal Employees Should Prepare for New Mandatory Opioid Drug Testing, 10/02/2017
The Value of Random Drug Testing, 10/12/2017
Passing the test for employment, 10/30/2017


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