Federal law bans employment discrimination against current or prospective employees based on race, age, and other protected classes. Additionally, it prohibits adverse action against employees based on a consumer report unless the findings are provided to the individual. Are the provisions violated when a prospective employee’s job offer is briefly rescinded and then reinstated? A […]
Recruitment, while necessary, comes with a degree of risk. Employment screening programs are often used to decrease this possibility. In a survey conducted by the Professional Background Screening Association, 75% of employers use background checks to protect their employees and customers, 52% use them to improve the quality of their hires, and 41% use them […]
When considering a job applicant, you’ll likely want to investigate the person’s work history, education, criminal record, financial past, and medical information. The Federal Trade Commission (FTC) regulates such background checks (or “consumer reports”) through the Fair Credit Reporting Act (FCRA), a lengthy, complex set of laws that can be quite daunting to employers. Here […]
On the heels of WandaVision, Disney’s much-anticipated (and, post-Episode 3, thoroughly entertaining) Avengers Endgame follow-up, comes Falcon and the Winter Soldier. I am thrilled to see the original Captain America’s (Steve, played by Chris Evans) besties holding their own as lead actors in their own show.
My wife and I are currently binge-watching Little Fires Everywhere, a Hulu miniseries based on a book of the same name. Set in Shaker Heights, Ohio, during the late 1990s, Fires stars Reese Witherspoon as Elena Richardson (a white, married, upper-middle-class newspaper reporter with four children) and Kerry Washington as Mia Warren (a black, single mother who works as an artist and supplements her income through other part-time jobs).
Employers that engage third-party agencies for assistance in conducting background checks on employees or job applicants or gathering information for workplace investigations must strictly adhere to the Fair Credit Reporting Act’s (FCRA) notice and authorization requirements.
The Fair Credit Reporting Act (FCRA) does far more than regulate the exchange of consumer credit information. You need to understand how it applies to employees and applicants in order to ensure compliance. Below is a general summary of your FCRA obligations.
A health insurer that had laptops with personal information stolen can be sued by participants, even if they have no evidence that the thieves later misused the data, a federal appeals court ruled.
By Francine Esposito, Esq. Managing employees’ social media use can be very tricky, but the modern employer cannot afford to ignore the challenge. In today’s Advisor, Francine Esposito, Esq., partner at Day Pitney LLP, elaborates on some of the challenges that surround social media management and training, along with the consequences of taking improper actions.
Yesterday’s Advisor provided a few tips for providing honest references about former employees while minimizing the legal risks to the company; today, we look at the flip side of the coin—checking references for potential new hires.