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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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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.

 

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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.

 

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Regulatory & Legal Alerts – Apr. 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

Missouri

Kansas City Council votes to ‘ban the box’ for ex-offenders seeking jobs, Read More.

Pennslyvania 

York City Council aims to ‘Ban the Box’ permanently, Read More.

Washington

Washington State’s New Ban-the-Box Law Completes the West Coast Trend, Read More.

Federal Legislation

Judge Rules EEOC Background Check Guidance Is Unenforceable, Read More.

Background Checks

Can a hair test for drug use have a racial bias? Boston court case will be closely watched, Read More.

Ontario, Canada Introduces New Legislation Banning Compensation Questions, Read More.

Big Brands

Boy Scouts to expand background checks to all adults chaperoning 3-day events, Read More.

Drug Testing

The Coming Decline of the Employment Drug Test, Read More.

Drug Testing an Employee Who Reports a Work-Related Accident? Special Rules Apply, Read More.

Another field drug test mistake sends woman to jail — for months, Read More.

Mines maintain strict marijuana policies, Read More.

DOT sends a reminder about drug testing changes, Read More.

Fingerprint Test Could Revolutionize Drug Testing, Read More.

NYPD sergeant testifies she doesn’t do drugs as she claims she failed random test because of hair weave, Read More.

Maine just became the first state to protect cannabis use outside work, Read More.

More than 4 million people left the workforce because of opioid addiction, according to study, Read More.

 

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

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Regulatory & Legal Alerts – Mar. 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

Alabama

Alabama House passes bill on church daycare regulations, Read More.

Alabama Legislature poised to pass state ride-share bill, Read More.

Georgia

Georgia bill would require tougher long-term care worker background checks, Read More.

Idaho

Lawmaker wants Idaho to ‘ban the box’ to help ex-offenders get jobs, Read More.

Missouri

KC Council votes to ‘ban the box’ for ex-offenders seeking jobs, Read More.

Virginia

Virginia Senate Passes Ban-the-Box Bill for Employment, Read More.

Local child care centers adapting to laws for background checks, Read More.

Washington

Washington House votes to ‘Ban the Box’ Read More.

Fair Chance Housing Law Offers Renewed Hope to the Formerly Incarcerated,  Read More.

Federal Legislation

Judge says EEOC can’t enforce background check regs against Texas, Read More.

Background Checks

How the Fair Credit Reporting Act Protects You, Read More.

Should I Tell Prospective Employers About My Recent Legal Problems? Read More.

How To Do A Background Check On Your Financial Pro, Read More.

Nuclear Plant Loses Access to Background Check Database, Read More.

Know Before You Hire: 2018 Employment Screening Trends, Read More.

Improved Employment Screening Will Make Candidates Happier in 2018, Read More.

Agency Conducting Government Background Checks Has Backlog Of 700,000, Read More.

Candace Moody: Trends in background screening, Read More.

Background Check Co. Settles Claims Over Faulty Report, Read More.

How to choose a Background Check Firm, Part 1. Read More.

Three Questions You Can Never Ask Prospective Employees, Read More.

Big Brands

Amazon Fights Cert. Bid In Background Check Suit, Read More.

‘A trust has been broken’ — YMCA implements daily sex offender registry checks, Read More. 

AG Healey announces settlement with Care.com over background checks, Read More.

Drug Testing

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers, Read More.

Pot and the California employer post-Prop. 64, Read More.

DOT expands list for transport worker drug tests, Read More.

More Efficient Method Devised to Drug Test Athletes, Read More.

Hair, Saliva or Urine—Which Is Best for Drug-Testing Job Candidates? Read More.

 

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

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Regulatory & Legal Alerts – Feb. 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

New Jersey

Christie signs criminal record expungement bills, calling them ‘life-saving’ measures. Read More.

Nevada

New laws take effect in Nevada in 2018. Read More.

California

Immigration-Related Law Takes Effect in California Affecting All Employers, Read More.

Now That Pot Is Legal In California, Can I Still Be Drug Tested For A Job? Read More.

Washington

WA Legislators Could Help Level Playing Field for Ex-Inmates, Read More.

Missouri

‘Ban the box’: Proposed Kansas City ordinance would prevent employers, landlords from asking about felony charges, Read More.

Virgina

Virginia Senate Passes Ban-the-Box Bill for Employment, Read More.

Pennsylvania 

Officials formally act to ‘ban the box’ Read More.

Federal Legislation

The Spokeo Chronicles: FCRA Criminal Background Pre-Adverse Action Claim Dismissed for Lack of Standing, Read More.

House Close to Passing Bill Establishing National Background Checks For Volunteers, Read More.

Background Checks

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks, Read More.

Ringing in 2018 with New Ban-The-Box Laws, Read More.

Have You Checked the Background of Your New Hire Yet? Read More.

Laws Governing Background Checks for Employers, Read More.

A Research On Employee Background Verification Trends for Startups, Read More.

Imperva Seeks To Nix Worker Background Check Class Action, Read More.

Government auditor says background check review process is at ‘high risk’ Read More.

Big Brands

Rental car company to settle background check suit for $2.7 million. Read More.

UPS Fires 32-Year Black Employee After Failed Drug Test Despite His Medical-Marijuana Card, Read More.

FedEx wins in bias suit filed by former employee, Read More.

Lyft Fined After Hiring Driver With Felony Convictions, Read More.

National Limousine Association Refutes Uber and Lyft’s Claims Concerning Background Checks, Read More.

Drug Testing

Employment – Drug testing – Age discrimination, January 11, 2018, Read More. 

Employee’s Refusal to Take Drug Test Dooms Discrimination Claim, Read More.

Navigating drug testing requirements as state laws increasingly conflict with federal regs, Read More.

Opioid Testing by Employers Is Becoming More Common, Read More.

Oklahoma businesses face harsh consequences from SQ 788, Read More.

 

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

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Regulatory & Legal Alerts – Jan. 2018

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.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

California

Check those Pre-Adverse Action Letters—New California Law goes into effect on Jan. 1, 2018. Read More.

Recreational Marijuana in California and paid family leave among 2018’s new laws. Read More.

New California law bans criminal-record box on job applications. Read More.

Illinois

A new bill banning employment salary inquiries likely in Illinois, despite veto loss. Read More.

New Jersey 

New Jersey Upgrades Ban-the-Box Law to Cover Inquiries Into Expunged Criminal Record. Read More. 

New York

New York Court of Appeals Establishes Standard for Punitive Damages Under NYCHRL. Read More.

Federal Legislation

Supreme Court Skips on Spokeo Review. Read More. 

Background Checks

Background Checks – All that You Need to Know on its Importance. Read More.

Department of Justice reviews gun screening system. Read More.

2 police officers charged with abusing background checks. Read More.

TSA PreCheck program to speed security lines needs more workers doing background checks, report says. Read More. 

Compliance Challenge of the Year: State and local laws. Read More.

Thousands of state workers face criminal background checks, and some could lose their job. Read More.

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks. Read More.

Why Companies Should Employ Continuous Background Screenings. Read More.

Lawsuits

Rental car company to settle background check suit for $2.7 million. Read More.

Drug Testing

DOT to Require Testing for Synthetic Opioids Beginning Jan. 1. Read More. 

Study finds that secondhand marijuana smoke could lead to drug test failure. Read More.

Heroin in the workplace: When new hires keep failing the drug test. Read More.

Health ministry to investigate after provincial lab drug testing error. Read More.

Scientists develop first-ever breathalyzer test for drugs. Read More.

PHMSA Raises Random Drug Testing Rate to 50% for 2018. Read More.

DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results. Read More.

 

 

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Regulatory & Legal Alerts – Dec. 2017

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

Texas Gunman Should Not Have Passed Background Check To Buy Weapon Used In Church Slaughter, 11/6/2017

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

 

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Regulatory & Legal Alerts – Nov. 2017

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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Regulatory & Legal Alerts – October 2017

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 Legislation

Texas

An employee filed a suit against employer Exxon Mobil Corp. and DISA inc. after being placed on inactive because of a positive drug test. On appeal, the Texas Supreme Court found Exxon was not liable for the actions of DISA. The court ruled that employees cannot sue employers for drug test errors committed by a laboratory. Read More.

California

California Assembly Bill 1008 passed the state Senate Appropriations Committee and will head to a vote on the Senate floor. The bill would prohibit employers from asking applicants to disclose their criminal histories on job applications. Read More.

Washington

Everett, Washington is putting off the enforcement of new rules for ride-share companies Lyft and Uber after both canceled service in town. The City Council had approved rules that require drivers to obtain a business license and undergo background checks. The company says the background checks duplicate what already is required for many drivers who also serve in Seattle. Read More.

Illinois

Officials are expected to scrap an unusual ordinance requiring that all new business owners be fingerprinted for criminal background checks. The rule requires new business owners to pay for background checks and denies licenses if the owner has been convicted of a felony or “crime of moral turpitude.” Because the exact rules and definitions are unclear, and business owners with criminal histories could ask someone else to undergo the background check. Read More

Michigan

State Senator Rick Jones of Grand Ledge has authored a bill that would allow full, extended background checks on those seeking law enforcement training. The former sheriff of Eaton County believes this legislation will keep out-of-state felons from entering police academies. Read More.

Massachusetts

Massachusetts modified the laws surrounding background checks for Uber and Lyft drivers. The changes allow some drivers with court settlements, but not a criminal conviction, more opportunity to appeal their rejections. Regulators also shorten the time that a suspended license disqualifies drivers, from seven to five years. The new regulations take effect Sept. 22 and replace temporary rules that began in 2017. Read More.


Background Screening News in Brief

Background Checks

Ban the Box Legislation: Eclipsing the U.S., 09/01/2017
New Fed. Background Check Agency Faces Massive Backlog, 09/06/2017
Hidden Hiring Landmine: Fair Credit Reporting Act Obligations, 09/05/2017
Criminal Background Checks: Save the Reputation of Your Company, 09/12/2017
How Pre-employment Background Check is the Answer to Hiring Issues, 09/19/2017
What HR Needs to Know About Expunged Criminal Records and Background Checks, 09/29/2017
Practices and Policies for Preventing Workplace Violence, 09/27/2017
Fingerprinting becoming part of the employment process, 09/29/2017

State Legislation

Bill to prohibit employers from seeking applicants’ criminal records heads to Senate floor, 09/05/2017
Everett Backs Off New Rules After Lyft, Uber Cancel Services, 09/01/2017
Wheeling poised to end background checks for business owners, 09/05/2017
Bill Would Allow Expanded Background Checks For Police Officers, 09/03/2017
Background check rules for Uber, Lyft drivers modified, 09/08/2017

Federal Legislation

Mattis Sends Congress DOD Security Check Transition Plan, 08/31/2017

Drug Testing

Employees Cannot Sue Laboratory for Drug Test Error, 09/14/2017
Boston Cops Get March Trial Date In Drug-Test Bias Dispute, 09/18/2017
Psychemedics Announces Addition of FDA-Cleared Benzodiazepines Hair Test, 09/26/2017

Credit Checks

Survey shows about 25% of small and medium-sized businesses want to know how you manage money, 09/05/2017
Time to lay off the credit checks, employers, 9/13/2017


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