\
Posted by Martha Zackin on August 09, 2012

Background Checks: Stepped-Up Enforcement of FCRA

By this time, most employers realize that the Fair Credit Reporting Act governs all types of employment-related background checks, not just credit checks.  If and to the extent there was ever any question whether Google searches or searches of various social media sites constitute “background checks” subject to the FCRA, that question has been put to rest with an $800,000 settlement with Spokeo, Inc.  Further, if and to the extent there was ever a question about whether the FTC was serious about enforcing the FCRA, that question, too, has been put to rest with a $2.6 million dollar settlement between the Federal Trade Commission and HireRight Solutions, Inc.

Continue Reading

Posted by Martha Zackin on July 20, 2012

In Praise of Toby Flenderson: Data Privacy as a Function of HR

“Federal Trade Commission” and “humor” are not terms that you might expect to see in the same sentence.  

Click here, to see a recent posting by the FTC that relates to employment law, HR, privacy law and, yes, even a bit of humor.

Posted by Martha Zackin on December 29, 2011

California Imposes New Background Check Requirements On California Employers

By Brandon T. Willenberg

In addition to the California Wage Theft Protection Act, which you can read about here, and thanks to AB 22, California employers will be ringing in the new year with a new California Labor Code provision, Labor Code Section 1024.5, and an amendment to California’s Consumer Credit Reporting Agencies Act (CCRAA), Civil Code Section 1785.20.5. These new laws will limit private and public sector employers’ discretion to use “consumer credit reports” for hiring and personnel decisions. Effective January 1, 2012, both will impose certain notice and disclosure obligations on employers.

Continue Reading