Illinois, New York City, and Philadelphia Revise Background Screening Laws

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This blog was originally published in Forbes on December 30, 2020. Lawmakers in three jurisdictions recently passed legislation that impacts employers’ screening programs.  Laws restricting consideration of an individual’s criminal history have advanced in Illinois, New York City, and Philadelphia; additionally, Philadelphia’s law concerning the use of credit history in employment decisions was recently amended. Illinois Legislation […]

Brazil’s New Data Protection Law Moves Forward Without Warning – Employers Race To Comply

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In just six hours of deliberation, the Brazilian Senate propelled a measure aimed at protecting its citizens’ data to the desk of the country’s President, an action that’s been two years in the making. Unless vetoed, the Lei Geral de Proteção de Dados Pessoais, or LGPD, Brazil’s General Data Protection Law, will likely become effective […]

What Employers Might Have Missed In the First Half of 2020:  From Ban-the-Box Laws to Marijuana Measures, a Midyear Compliance Update

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The first half of 2020 has brought a dynamic shift from the typical legislative agenda. Despite a pivot in priorities, many laws affecting employers, particularly those aimed at promoting job seekers’ and employees’ rights, still managed to cross the finish line.  Here’s what you need to know.

FMCSA Grants 90 Day Waiver from Certain Pre-Employment Testing Requirements

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FMCSA has issued a three-month waiver for conducting certain pre-employment testing requirements applicable to employers of commercial drivers subject to 49 CFR part 382. This waiver is effective June 5, 2020 through September 30, 2020. Prior to this notice, pursuant to section 382.301(b), employers could always forego pre-employment drug testing for drivers who have participated […]

Background Check Disclosures: What’s Extra but not Extraneous?

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In its most recent decision on the subject, the Ninth Circuit Court of Appeals has continued to provide specific guidance on the murky question of the Fair Credit Reporting Act’s (FCRA) “standalone” disclosure requirement.  The Court also addressed the process to dispute the accuracy or completeness of a candidate’s background check per the FCRA’s pre-adverse […]