Posts Tagged ‘Compliance’
Adverse Action Procedures Should be Followed Even if the Background Check is Accurate
A recent case reported by Troutman Sanders involved Jerome Ratliff, Jr. a potential employee of A&R Logistics who filed a suit alleging an FCRA violation after they were denied employment. The plaintiff’s complaint alleged the company did not follow proper adverse action procedures. In this case the background check was accurate, but the company failed…
Read MoreForm I-9 Enforcement on the Rise! HireSafe can Help Ensure Compliance for ICE Audits!
In February we warned that ICE raids would be on the rise and true to the acting Director’s promise to increase action by 4 to 5 times they have been cracking down with form I-9 audits and raids. Phillips Lytle reports that raids made by the department in February investigated hundreds of businesses and their…
Read MoreICE is Cracking Down in 2018, Act Fast to Ensure Your Company is Safe from Upcoming Audits!
The new year brought many HR Law changes to California and the US. At the same time, Immigration and Customs Enforcement (ICE) has been cracking down hard with audits on Form I-9 compliance. Last week, the Society for Human Resource Management (SHRM) reported that “ICE agents conducted workplace raids on 77 businesses in San Francisco,…
Read MoreCompliance starts with HireSafe background check disclosure and authorization forms.
Last month the supreme court declined to hear the case Syed v M-I, LLC. This case found the employer willfully violated FCRA statute dictating FCRA disclosures must be separate from any other notifications or authorizations. The employer in this case included a liability waiver with the disclosure and the court found this action alone was…
Read MoreIt’s the season for avoiding inaccurate and non-compliant background checks
With black Friday at the end of the week the holiday season is upon us. This time is for family, warm fires with friends and for seasonal hiring. Companies have made hiring choices for this time of year and maybe even ran a few background checks on employees. Unfortunately, this is also the season for…
Read MoreWhat do I do if the background report I just got makes me not want to hire a candidate?
Whenever a negative report comes in it can stir a lot of mixed feelings, especially if the information in that report makes you consider not hiring. Before you decide, before you contact the candidate, before you tell your hiring manager to give them a call and definitely before you draft a rejection letter you need…
Read MoreLooking for a cheap background check report? Not so fast says US federal appeals court!
According to Reuters, the U.S. Supreme court will hear a case on whether a California company willfully violated the Fair Credit Reporting Act (FCRA) by publishing false online data. On Tuesday, the 9th U.S. Circuit Court of Appeals revived California resident Thomas Robin’s lawsuit accusing Spokeo Inc. of violating the FCRA by publishing a damaging…
Read MoreState Employment Background Check Compliance
State regulations are entirely separate and in addition to the federal regulations enforced under the FCRA and EEOC guidelines. Many different states, counties and jurisdictions can have their own set of laws and regulations governing what is acceptable for application forms, background screening and interview questions. Luckily HireSafe is headquartered in California one of the…
Read MoreOh, how the times are changing in CA yet again! New regulations for employment background checks.
On March 27, 2017, the California Office of Administrative Law approved the Fair Employment Housing Counsel’s (FEHC) new regulations clarifying existing limitations on criminal background checks and conforming to the Equal Employment Opportunity Commission’s (EEOC) position that criminal background checks may have an adverse impact on protected classes. Employers still retain the right to screen…
Read MoreNon-Compliant Background Checks Can be Difficult to Spot, This One Difference Can Save You from a Compliance Nightmare
When looking for a background check company online it can be difficult to sort through all the ads, and great sounding deals. Recent lawsuits show it’s important to know the difference and one way to tell the Fair Credit Reporting Act (FCRA) compliant companies from the rest is finding out if they use record confirmation.…
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