Human Resources

District of Columbia: Limitations on Reporting Negative Information in Background Checks Used for Employment Purposes

Although several states have laws analogous to the federal Fair Credit Reporting Act (FCRA), the District of Columbia does not. As a rule, the District of Columbia follows the federal FCRA regarding the limitations on reporting negative information in background check reports used for employment purposes. However, there are three …

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Are independent contractors considered employees under the FCRA?

Independent Contractor

Unfortunately, there is no clear answer. The Federal Trade Commission (FTC) in its most recent staff report (in 2011) states that “employment purpose” is interpreted broadly and may apply to situations where individuals are not technically employees. Reports on consumers who are clearly not employees under traditional common law principles …

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Does New York law require notice to the employee in order to have a consumer reporting agency conduct a background check in connection with the employee’s misconduct?

The NY FCRA sets forth notice and authorization requirements for investigative consumer reports as shown in “https://law.justia.com/codes/new-york/2017/gbs/article-25/380-c/” NY Gen Bus L § 380-C. However, this section is silent on the issue of employee misconduct investigations and we found no  language in NY FCRA law that is analogous to the federal FCRA exemption …

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Arrest record but no charges

Typically, an arrest record will show the date, arresting agency, and the subject’s name (and other identifiers such as DOB and address), without specifying the charge or charges. The reason for this is twofold: (1) until the district attorney (“DA”) files a criminal case, there are no charges; and (2) …

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Civil Cases and Garnishees

A common occurrence when searching civil case records for a company is to locate a record that identifies the company’s role in the case as a “garnishee.” What’s a garnishee and should these cases be included in background reports? A garnishee can be any company (or person) who holds property …

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Legal considerations when recruiting, hiring out-of-state WFH employees

Since the COVID-19 pandemic, employees working from home (WFH) have created a host of new wrinkles for employers, many of which are still being ironed out. For employees, the WFH option can be safer (less chances of contracting COVID) and easier (no more commute); for employers, WFH reduces the cost …

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EEOC Updates Guidance on Workplace Vaccinations

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance and FAQs on workplace COVID-19 vaccination policies on May 28, stating that employers may request proof of vaccination status and offer incentives to encourage employees to receive the vaccine.Requesting proof that employees received a vaccination on their own is not a disability-related inquiry …

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RISK CONTROL SERVICES WEBINAR SERIES

Sponsored by our friends at Poms & Associates Insurance Brokers, Inc. Mentally Preparing for Re-Entry to Work, School, and Society Friday, Apr. 9, 202110:00 a.m. PDT / 11:00 a.m. MDT With more and more people receiving their COVID-19 vaccinations, we are inching towards a return to normalcy in society. After more than a …

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Visionaries v. Leaders: Who Does Your Organization Need Most?

Visionaries v. Leaders: Who Does Your Organization Need Most?

Is there a difference between a visionary and a leader in an organization? If you posed the question to a C-suite professional who’s led by a so-called “visionary leader,” they might say that a visionary and a leader are one in the same; any individual can exhibit both qualities. While …

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