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Showing Posts In "Legal Issues" Category





Federal Fair Chance Act Will Soon Require Federal Contractors to ‘Ban the Box’

The federal Fair Chance Act to Compete for Jobs Act of 2019 (Fair Chance Act) was signed into law in December 2019, but only just took effect on Dec. 20, 2021, banning civilian and defense executive agencies from either awarding federal contracts or releasing payment to a contractor who violates the statutory requirements. Government contractors […]


Web Scrapers and Their Targets Beware. Regulators Are Zeroing in on Privacy Implications

Web scraping, or the process of collecting data from websites by automated methods, could soon be more stringently regulated by the Computer Fraud and Abuse Act (CFAA), a federal anti-hacking law. Plaintiffs must establish that the defendant “intentionally assessed” a protected computer “without authorization” or otherwise exceeded his or her “authorized access.” State attorney generals […]


Reps. Dean and Hollingsworth Introduce the Clarity in Consumer Disclosures Act

Reps. Madeleine Dean (PA-04) and Trey Hollingsworth (IN-09) have introduced the Clarity in Consumer Disclosures Act, which will direct the Consumer Financial Protection Bureau (CFPB) to create clear, plain-language model forms for consumer reports so that employers can fulfill the requirements of the Fair Credit Reporting Act (FCRA).

 

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FMCSA Declares South Dakota Motor Carrier, Owner/Truck Driver, to be Imminent Hazards to Public Safety

Hall Trucking, based in Rapid City, South Dakota, has been deemed an imminent hazard to public safety by the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). The company has been ordered to cease all interstate and intrastate operations, and the owner has been prohibited from operating any commercial motor vehicle (CMV) in interstate […]


Michigan Supreme Court Adopts Rule on Date of Birth (DOB) Redaction

The Michigan Supreme Court has adopted ADM File No. 2017-28 that amends an order of May 22, 2019, amending Rule 1.109 of the Michigan Court Rules regarding the redaction of dates of birth from court records used as identifiers by background screening firms. Effective April 1, 2022, the Michigan State Court Administrative Office (SCA)) “will […]


FCRA and Background Checks: Common Employer Questions and Best Practices

Before an employer completes a background check on a job applicant for information on the person’s work history, education, criminal record, financial past, and medical information, it is important to understand the requirements of the Fair Credit Reporting Act (FCRA). First and foremost, employers should provide a written notice to the applicant before obtaining an […]


Background Check FCRA Compliance for Employers

It is important to use a professional background screening company when completing the necessary steps of the hiring process. These businesses are required to understand their responsibilities under the Fair Credit Reporting Act (FCRA), designed in 1970 to protect consumer information. This includes attention to permissible purpose, disclosure and consent, results, Equal Employment Opportunity Commission […]


Sometimes Less is More: Background Check Disclosures Can Go Too Far and Lead to FCRA Violations

Cases of violations of the Fair Credit Reporting Act (FCRA) continue to increase across the country, especially when it comes to disclosure requirements. Courts have recently held that the FCRA was violated where a disclosure contained one of the following: liability waivers; notice and acknowledgment of the FCRA Summary of Rights; multiple state-specific background check […]


Background-Screening Rules Keep Employers on Their Toes

According to Debra Keller, president, and chief compliance officer with Total Insight Screening, negligent hiring claims mean an employer is responsible to exercise due diligence that someone they hired doesn’t pose a risk to team members or the public. In a recent case, the spouse of a victim was awarded $1.2 million when the employer […]


FCRA Background Check Compliance for Employers

Compliance with the Fair Credit Reporting Act (FCRA) is a must when it comes to conducting a pre-employment background check. Getting to know the FCRA will help ensure legal compliance. The set of regulations helps manage creditors’ and potential employers’ access to people’s private data. Employers must obtain written consent from an employee or candidate […]




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