Tag Archives: Employment

Q1 2020: UPDATE OF LAWS AFFECTING EMPLOYMENT BACKGROUND SCREENING

Q1 2020: UPDATE OF LAWS AFFECTING EMPLOYMENT BACKGROUND SCREENING

As the year and a new decade unfold, we bring you this update on ban-the-box legislation and laws that restrict credit report usage in employment decisions. And no update would be complete without a reminder about a standard-setting federal appellate opinion from 2019 interpreting the Fair Credit Reporting Act (FCRA) disclosure requirement …

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Unconscious bias in the workplace

Unconscious bias in the workplace

A new advertisement from Procter & Gamble features an African-American man going about his day. While walking down a street, a mother shuts her car window as he walks by; he garners suspicious glances while shopping and a couple elects not to sit near him in a restaurant. The commercial, …

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Ninth Circuit Defines “Standalone, Clear and Conspicuous” Disclosure for Obtaining Employment-Purpose Background Checks

Ninth Circuit Defines “Standalone, Clear and Conspicuous” Disclosure for Obtaining Employment-Purpose Background Checks

On January 29, 2019, the U.S. Court of Appeals for the Ninth Circuit in Gilberg v. California Check Cashing Stores, LLC instructed employers about the importance of complying with background check disclosure requirements found in the Fair Credit Reporting Act (FCRA). Pursuant to the federal statute, employers who want to obtain …

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74 Stay Interview Questions

74 Stay Interview Questions

The stay interview differs from an exit interview because, in a stay interview, you ask current employees why they continue to work for your organization. It allows you, the employer to address issues and/or concerns while the employee is still with your organization. At the exit interview, it’s because he …

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How to Deal with Difficult Employees

How to Deal with Difficult Employees

You imagined the freedom of being your own boss is exhilarating, didn’t you? You started your own business with the thought that you wouldn’t have to deal with jerk co-workers and bosses. When I use the term “jerk” I am referring to toxic attitude/behavior or incompetence… or both! True, you …

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25 Good Interview Questions….and 8 to Avoid

25 Good Interview Questions….and 8 to Avoid

When preparing to interview job candidates, it’s important for supervisors to plan out their lines of questioning. Decide which skills are most important for the particular position, then focus your questions on assessing those skills. Here are some sample questions to work from: Employment History If you had to evaluate …

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2018 Year-End Recap of State and Local Laws on Background Screening

State and Local Laws

2018 was a big year with the hottest legislative trends for private employers: laws limiting background checks in the form of “ban-the-box” measures, credit check restrictions and prohibitions on inquiries into salary history. With many new laws requiring compliance over the last year – and two that took effect January …

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Independent contractors and the FCRA

Independent contractors and the FCRA

Must employers provide the protections required by the Fair Credit Reporting Act (FCRA) to prospective independent contractors?  Not according to a new decision from an Iowa court (see Smith v. Mutual of Omaha Insurance Company, No. 4:17-cv-00443 (S.D. Iowa Oct. 4, 2018)) which grappled with the question in the context …

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How to consider sex offender registry records in California

How to consider sex offender registry records in California

For California employers concerned about hiring sex offenders, there are a few important points to keep in mind. An employer has a duty to keep the workplace free of sexual harassment and other forms of discrimination under state law. Under the California Fair Employment and Housing Act (FEHA), an employer …

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When Employment Meets Antitrust

When Employment Meets Antitrust

Can employers be criminally liable for antitrust violations? According to the Department of Justice (DOJ), the answer is yes. Violations of antitrust law in the employment context have made headlines in recent years, as the government has cracked down on “no-poach” and “salary-fixing” agreements between companies. Taking the issue increasingly …

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