Practical HR Tips, News & Advice. Updated Daily.
How many years back into the past can a criminal background check go? What is the difference between an investigative consumer report and a regular consumer report? Can you have different screening processes or factors that warrant disqualification for different positions? These are just a few of the questions that were asked by participants in […]
Employers performing employee background checks are actually subject to Fair Credit Reporting Act (FCRA) regulations. FCRA applies to all consumer reports and investigative consumer reports, whether they’re conducted in house or by a third-party such as a consumer reporting agency (CRA). FCRA “is a federal law, and it imposes minimum standards on employers that they […]
Attorney Trainor is BLR’s Senior Managing Editor, HR; Bruce is editor of the HR Daily Advisor. Tentacle #1—Sourcing and Recruiting with Social Media It’s clear that social media is rising as a method of recruiting, and some employers are enjoying great success. However, when you use only one source for finding candidates, there’s always the […]
West, principal of Employment Practices Specialists in Pacifica, CA, offered her tips at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Here are West’s tips for avoiding hiring lawsuits: Use application forms Ask about felony convictions READ the completed application Look for and ask about gaps in employment, missing information Check references […]
Yesterday, we looked at the rules regarding consumer reports in California. Today: the rules that apply if you conduct your background checks yourself. We’ll also tell you about a detailed recordkeeping resource, specifically for California employers, you won’t want to be without.
If you obtain, or have prepared for you, criminal background checks, consumer reports, or investigative consumer reports from a consumer reporting agency, you must comply with the various requirements of the federal Fair Credit Report Act (FCRA).
By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)
Litigation is the ultimate test of the adequacy of an employer’s recordkeeping practices, says attorney Allen Kato of the San Francisco office of Fenwick and West LLP. Of course, the courtroom isn’t the ideal place to discover that records are inadequate, incomplete, or nonexistent.
Imagine for a moment the employee who seems just a little off — having disproportionate negative reactions to criticism, having strange obsessions with weapons or death, being unusually hot-tempered, demanding, or controlling, or having other odd or erratic behaviors. Now imagine that despite the employee’s peculiarity, he’s an above-average worker and his job performance is […]
by Sam Fulkerson A new decision from the Tenth Circuit makes an important distinction about what constitutes a “consumer report” under the Fair Credit Reporting Act (FCRA). In addition, new amendments under the Fair and Accurate Credit Transactions Act (FACTA) designed to prevent identity theft amended the FCRA effective November 1, 2008. Let’s look at […]