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Provisions of Indiana’s new background check law, which limits the information criminal history providers may give to employers, go into effect July 1. Under the law, criminal history providers won’t be able to provide information related to the following: An infraction, arrest, or charge that didn’t result in a conviction; An expunged record; A record […]
No one wants to get burned by hiring a bad apple, so it’s common for employers to conduct background checks to lessen the chance of bringing a dishonest employee into the workplace. But as hazardous as it is to have shady employees, it also can be dangerous to step out of line when checking people […]
by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]
by Boyd Byers Pop diva Lady Gaga affectionately refers to her fans as “little monsters.” But she recently became acquainted with a big monster― the Fair Labor Standards Act (FLSA). Jennifer O’Neill, who worked as Gaga’s personal assistant, sued the pop star’s company, Mermaid Touring, Inc., for FLSA violations. She says she was continuously on […]
Every year, BLR’s HR editors select ten key topics we think will be at the forefront in the following year, and we offer best practices for each topic. This year, we will feature free best practice reports under each category. Simply click on the links below to download the featured reports. More reports will be […]
by Katherine Ritts Schafer An amendment to New York state’s Social Security Number Protection Law goes into effect today, and employers need to understand its implications. Although there are a number of exceptions, employers generally are prohibited from requiring an individual to disclose or furnish his Social Security number (SSN) “for any purpose in connection […]
Conducting background checks for employment requires employers to strike a balance between getting enough information to make an informed hiring decision and not overstepping the boundaries into areas that might infringe upon employee privacy. Additionally, as with many other employment laws, California has specific rules that are stricter than the federal regulations—California employers need to […]
by Lorene Novakowski In a recent Alberta arbitration award, the arbitrator awarded damages to employees for a breach of their privacy rights, in the amount of $1,250 each. The grievance arose after the province of Alberta conducted background credit checks without consent on 26 government employees. The employees worked in an area–maintenance enforcement–that gave them discretion in […]
By Jennifer Melton On January 11, 2012, Pepsi Beverages Company agreed to pay more than $3 million to resolve race discrimination claims filed in 2006 by more than 300 African American job applicants. The claims alleged that the company’s criminal background check policy (1) disproportionately excluded African Americans from employment with Pepsi and (2) violated […]
By Kara E. Shea Employers are understandably hesitant to hire an applicant with a criminal history. There are good reasons to exercise caution ― employers face considerable exposure for workplace violence committed by employees. The U.S. Department of Labor‘s Occupational Safety and Health Administration regularly cites employers that have failed to enact adequate safeguards against […]