Showing Posts In "Legal Issues" Category





Buffalo Niagara Partnership Releases 2020 Guide to Background Screening Compliance

The hiring process can be an overwhelming experience without proper preparation, but with knowledge of workplace compliance, employers should be able to secure the right employees. Although most positions don’t require sex offender registry searches, it’s always better to take extra precautions, but federal and state laws dictate how you can use the information you […]


“Ban the Box” Update: St. Louis Enacts Ordinance; California and Hawaii Expand Existing Laws

A growing number of states continue to prohibit employers from inquiring into a job applicant’s criminal background until later in the hiring process and/or restrict employers from using certain criminal conviction information in connection with their hiring decisions. St. Louis, Mo., was the most recent state to “ban the box” for employers with more than […]


Recent Court Decision Should Prompt CRAs to Initiate Reinvestigations Even When the Disputed Information Appears to be Accurate

An Eastern District of Pennsylvania court found that, if a consumer reporting agency (CRA) fails to initiate a reinvestigation in response to a consumer disputing the accuracy of information in his file, then the CRA can be found liable under section 1681i, even if the disputed information was accurate. In the case of Norman v. […]


Maine Federal District Court Rules FCRA Preempts 2019 Amendments to State’s Credit Reporting Law

The Fair Credit Reporting Act (FCRA) preempts two 2019 amendments to Maine’s credit reporting law, as ruled by a Maine federal district court. A motion for judgment was filed by the Consumer Data Industry Association (CDIA). The first amendment prohibited a consumer reporting agency (CRA) from reporting medical debt on a consumer’s credit report until […]


Ohio Supreme Court Reduces Employee Privacy Rights a Wee Bit in Lunsford v. Sterilite of Ohio, LLC

The Ohio Supreme Court recently held that it is not an invasion of privacy for an employer to directly observe employees provide urine samples for drug tests. The ruling was part of Lunsford v. Sterilite of Ohio, L.L.C., through which employees claimed the company and U.S. Healthworks were invading employee privacy by enforcing witnessed urine […]


Hawaii Expands Scope of Off-Limits Convictions for Employment Purposes

Senate Bill 051, effective immediately, has been signed into law and it narrows the scope of convictions that employers can use for hiring and other employment-related decisions. Employers in Hawaii now many only consider felony convictions that occurred in the most recent seven years and misdemeanor convictions that occurred in the most recent five years […]


DFEH Updates “Ban the Box” Regulations and Provides FAQ

The Department of Fair Employment and Housing (DFEH) recently amended The Fair Chance Act, expanding the definition of an “applicant” to include individuals who begin work before an employer’s review of their criminal history and clarifying that the Act must be complied with even when selecting workers supplied by labor contractors and union hiring halls. […]


Michigan Makes Sealing of Convictions Automatic, Including for Some Felonies

A series of bills have been signed in Michigan that will establish a new automatic mechanism to expunge certain convictions without a person having to ask for it and significantly expand eligibility for expungement under the existing petition-based application system. Called a “game-changer” by Gov. Gretchen Whitmer, the bills also are expected to allow the […]


State Official Issues Reminder on Background Check Requirements

Gov. Tom Wolf signed Act 18 of 2020, which extended the time period for certain professionals to obtain an FBI criminal history background check upon hiring if they were unable to complete their fingerprinting scan due to the COVID-19 pandemic. The Department of Human Services (DHS) is encouraging those who need a background check to […]


CFPB Director: Stop Letting Industry Violate the Fair Credit Reporting Act

In a letter sent to the Consumer Financial Protection Bureau by a coalition of 21 consumer, faith, and advocacy groups, Director Kathy Kraninger is urged to revoke the permission that the Bureau granted the credit reporting industry to violate the 30-day deadline imposed by the Fair Credit Reporting Act (FCRA) for investigating disputes. Citing a […]




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