All Posts By "Barry Nixon" (Total Posts: 69)

FCRA Climbing the Ladder to Top Consumer Litigation Statute

Class action lawsuits involving the Fair Credit Reporting Act (FCRA) are nothing new. But the 265 lawsuits that were filed in February 2017 saw a 59.2 percent increase, jumping to 422. According to Wesley Bulgarella and Jonathan Hoffman, attorneys with Balch Bingham LLP, FCRA filings have even started to outnumber Telephone Consumer Protection Act ...

The ICE Man Cometh

While its true that Fair Credit Reporting Act (FCRA) class action lawsuits have been steadily on the rise, it is perhaps the immigration status issues that have overshadowed the news. President Trump signed Executive Order 13788 Buy American and Hire American calling for the rigorous enforcement and administration of existing laws to protect the interests ...

Does an Employer Receiving an Updated Background Screening Report Have an Obligation to Send a Second Pre-Adverse Action Notice to an Applicant?

Under the Fair Credit Reporting Act (FCRA), an applicant has a right to 1. Be told if information in their file has been used against them to deny employment or to take another adverse action against them, 2. Know what is in their file, 3. Dispute incomplete or inaccurate information, and 4. Seek damages from ...

5 Background Check Red Flags You’re Probably Missing

Authored By W.Barry Nixon, SHRM- CMP The benefits of performing in-depth background checks for both employment and legal purposes are no secret. From criminal records searches, educational credential verification, employment history, professional licenses, credit reports and civil litigation searches, these standard sweeps can raise a red flag for potential problems with candidates for hire. But not ...

Are you Ready to Offer Infinity Screening?

Authored By W.Barry Nixon, SHRM- CMP Although most employers recognize the importance of completing background screenings on new employees, many don't realize how quickly things can change for a hire who started off with a clean record. What began as the best fit for an open position, later can become an issue of fraud, embezzlement or ...

Background Screening Likely to Get Harder Before it Gets Easier

Authored By W.Barry Nixon, SHRM- CMP The easiness of performing a background check is a thing of the past. Although most employers have accepted background screening as a risk mitigation tool, businesses are seriously underutilizing the process for the evolving legal landscape. With changes in laws around marijuana, the Fair Credit Reporting Agency, Ban the Box ...

Beyond the Name, Rank, and Serial Number

Authored By W.Barry Nixon, SHRM- CMP In addition to conducting background checks, reference checking, or the process of contacting previous employers of a job applicant and individuals who have worked with him or her, are another way to determine if the potential hire's capabilities, work history and personal fit will suit an open position. But don't confuse ...

Exposed: The Myth of the FBI Database being the Gold Standard of Background Checks, What Your Clients and Prospects Need to Know

Authored By W.Barry Nixon, SHRM- CMP Relying on the FBI to run accurate background checks could cause harm to your business. Many believe that the FBI NCIC database is an all-encompassing national criminal directory, but the truth is, employers should be diligent in their understanding of the flexibility of the process, including what is accessible and ...

Fast and Furious: Motor Vehicle Checks Make the Roads Safer

Authored By W.Barry Nixon, SHRM- CMP Motor Vehicle Records checks are a necessity for any business that has vehicles supporting business operations, from personal passenger vehicles, to fleets of delivery trucks. MVRs have become a regular part of the background screening process due to motor vehicle accidents being recognized as the leading cause of occupational fatalities in ...

It Seems Like Background Screening is Under Siege

Authored By W.Barry Nixon, SHRM- CMP Due to the recent surge in class action lawsuits against employers who allegedly violated the Fair Credit Reporting Act, background screening has been under attack. But, in all truth, many of these mistakes could have been avoided had the employer followed the very clear guidance provided by the FCRA. Even so, ...