background check

Workplace Violence Prevention In An Active-Shooter Era

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Earlier this month, the country was again rocked by mass shootings—two in less than 24 hours left the cities of Dayton, Ohio and El Paso, Texas reeling.  Like so many tragedies before, both shootings occurred at a location that was also a workplace.  Although neither was perpetrated by an employee (unlike yet another shooting earlier this summer), employees were affected.  They had to think quickly and act fast in the moment, and to deal with the psychological and emotional toll afterwards.

The Department of Labor estimates that approximately two million people will be victims of workplace violence this year.  With an employed population of approximately 157 million, this means that about 1 in 80 employees will experience workplace violence—and more will likely be aware of or witness it.

In these circumstances, employers should consider developing or updating their workplace violence prevention (1) strategies, (2) policies, and (3) practices. READ MORE →

FCRA Developments: Updated Summary of Rights & “Stand-Alone” Disclosure Need Not Be Separate In Time

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Employers across the country should dust off their background check policies and forms and be mindful of recent developments related to the federal Fair Credit Reporting Act (FCRA).

FCRA mandates specific, technical steps for employers using consumer reports to make employment decisions, including hiring, retention, promotion or reassignment.  While many employers are familiar with the importance of following FCRA requirements, actual compliance with the law can be tedious and challenging.  As the law continues to evolve, employers should be aware of recent updates to the model federal form for consumer rights and recent guidance from a California federal court related to the “stand-alone” disclosure and authorization requirement. READ MORE →

New FCRA Class Action Against UPS Shows Traditional FCRA Claims Alive and Well

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The federal Fair Credit Reporting Act (FCRA) has created a flurry of class action complaints in recent years aimed at employers who fail to comply with the FCRA’s hyper-technical disclosure and consent requirements. However, a new class action against UPS reminds us that traditional FCRA claims have not faded away and employers should remain mindful of the Act’s requirements. READ MORE →