Ban The Box Employment Screening Legislation Update

Businesses Prepare To “Ban The Box” According to Gray Plant Mooty attorney Carl Crosby Lehmann, the new law will have little effect on businesses. by Kevin Mahoney, December 19, 2013 With the new year just around the corner, Minnesota’s expansion of the “Ban the Box” law is on the mind of many private employers. But at least one legal professional contends that the impact of the new law on local companies will be minimal. Since 2009, state law has banned public [...]

Background Screening Helps Protect Children

The Case for Background Screening Background screening has become an established part of the hiring process for many youth-serving organizations, but some still wonder whether they are worth the trouble. They can be expensive and time-intensive. Most importantly, not every state offers equal access to fingerprinting and criminal history information. After considering these complications, some youth-serving organization leaders may wonder – are background screenings really worth the effort? Background screening in action One of the loudest arguments against background checks [...]

Background Checks and Workplace Investigations: Does FACTA Trump the FCRA?

Another great article from Janette Levey Frisch, author of The Emplawyerologist. This Spring, I posted several times on the subject of criminal background checks in the hiring process. Specifically, I posted here about criminal background checks and the Fair Credit Reporting Act (FCRA). We know that employers and Consumer Reporting Agencies (CRA’s) who do not comply with the FCRA could find themselves in trouble with the Consumer Financial Protection Board (CFPB) or defending a class action lawsuit. There is a law that may provide some help [...]

Who Should Conduct Your Workplace Investigation and Why Does it Matter?

by Janette S Levey from The Emplawyerologist Last week at The Emplawyerologist we looked at when and why an employer might need or want to conduct a workplace investigation. This week, we will look at whoshould conduct the investigation. We already know that employers in situations described last week  (click here for review) are among those who should or must begin an investigation. This focus is on which person or entity on behalf of the employer should conduct the investigation?  Can/should it be HR? In-house counsel? Maybe outside counsel [...]

Background Screening Provider Held Responsible for Non-Compliant Client

For Your Information: 05/01/2013 FTC Approves Final Order Settling Charges Against Marketers of Criminal Background Screening Reports Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Filiquarian Publishing LLC, Choice Level LLC, and their CEO, Joshua Linsk operated as a consumer reporting agency without taking consumer protection measures required by the Fair Credit Reporting Act (FCRA). The FTC’s administrative complaint alleged that the respondents failed to ensure that the information they sold was [...]