Recently we were contacted by an individual who had undergone an FBI record search. This individual had some arrests but asserted there were no dispositions. That happens frequently. Anyone can be arrested for almost anything. And police are very good at obtaining fingerprints and reporting them into the FBI database, thus creating the FBI record. […]

The method used by a Consumer Reporting Agency to assure accuracy of criminal convictions was challenged recently by the Consumer Financial Protection Bureau in a November 22, 2019 ruling $8.5 Million Judgment for FCRA Violation.  The result is that the Consumer Reporting Agency alleged to have violated the FCRA has agreed to pay $6 million […]

In the fast-paced news environment we all live in today, many of us unwittingly take the headlines of what we read as the content of the article or piece. However, it is important to go beyond the headlines. Many business owners panic when seeing the headline of a new piece of legislation but fail to […]

Law regarding background checks for independent contractors, versus law for  employees,  can be surprisingly murky, especially as “gig economy” workers become more commonplace. While recent court decisions have held that the Fair Credit Reporting Act (FCRA) should not be applied to background checks for independent contractors, the Federal Trade Commission (FTC) firmly states that employees […]

This case illustrates how important it is that your organization not only conduct due diligence before you hire someone, to avoid negligent hiring actions. And how important it is for your organization to follow its policies in terms of retention and avoid a negligent retention action. Negligent hiring is the concept that employers can be […]