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 [...]

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 [...]

Employment Screening Providers Help Businesses Stay Compliant

Pre-Employment Screening By Thomas C. Lopez July 2013 Screening for employee convictions By now as an employer in the state of Minnesota, you should be aware of the recent legislation enacted to “Ban the Box” signed into law by the Governor and effective January 1, 2014. The legislation (amending MN Stat. §364.021 to now include private employers) is consistent with guidance provided by the Equal Employment Opportunity Commission (EEOC) prohibiting potential violations of the Civil Rights Act in hiring decisions. [...]