Tag: Background checks

Gaga over the FLSA monster

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 […]

Top 10 Best Practices in HR Management for 2013

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 […]

New York law protecting SSNs takes effect

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 […]

Background checks for employment: How California laws differ

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 […]

Breach of privacy rights: What’s it worth?

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 […]

Pepsi Pays $3M to Settle Race Case Based on Background Check Policy

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 […]

Review Applicants’ Criminal History Cautiously

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 […]

A Stream of Guidance on Shy Bladder Syndrome

What is HR to do when a job applicant or worker claims to have shy bladder syndrome and refuses to urinate in a cup as part of a drug test? Consider testing the worker’s hair or saliva instead, according to new informal advice from the U.S. Equal Employment Opportunity Commission. Shy bladder syndrome, also known […]

New Maryland Law Restricts Use of Credit Checks

By David M. Stevens During its 2011 legislative session, the Maryland Legislature passed the Job Applicant Fairness Act, which was signed into law by Governor Martin O’Malley on April 12. The law imposes significant restrictions on employers’ ability to perform credit checks on job applicants and employees. It goes into effect October 1. For many […]

Supreme Court: Background Investigations on Federal Contract Employees OK

Wednesday, in NASA v. Nelson, the U.S. Supreme Court unanimously held that the government didn’t violate federal contract employees’ constitutional rights by using certain background investigations. In this case, contract employees at NASA’s Jet Propulsion Laboratory sued NASA, alleging that the background checks it was using violated their constitutional rights to informational privacy. The background […]