Read the latest Compliance News Flash by clicking here.  Topics covered in the News Flash include:

  • Ongoing workplace investigations by Homeland Security regarding employers’ workforce;
  • The U.S. Supreme Court;
  • Tips for pre-employment screening of new hires and employees; and
  • Discrimination settlements related to the employment eligibility verification form (aka the Form I-9).

Any compliance related questions?  Please contact me at montserrat.miller@agg.com.

Have a safe and happy 4th of July!

Check out the latest compliance updates in the Compliance News Flash, which includes quick updates on:

  • The Connor v. First Student case in California and the constitutionality of ICRAA and CCRAA, applicable to employment and tenancy screening.
  • The Consumer Financial Protection Bureau, now the Bureau of Consumer Financial Protection and new leadership.
  • Massachusetts and Ban the Box enforcement actions.
  • An upcoming webinar by my colleagues Kevin Coy and Brad Kelley called The Cybersecurity Landscape: Regulatory Issues for CRAs on June 27, 2018.
  • The Hireright and GIS merger.

Happy Reading!

Recently I was interviewed by Brian Cardile, an editor at the Daily Journal, a legal newspaper in California, and host of a weekly podcast covering appellate law cases and issues.

The topic was Connor v. First Student, a case pending before the California Supreme Court which is vitally important to employers, landlords and background screening vendors in how background checks are conducted in California. Below is the introduction to the podcast:

Void for Overlap?

California appellate courts have split on the question of whether overlap between two consumer protection statutes renders one of them impermissibly vauge; the California Supreme Court will soon decide the matter.  We’ll hear a range of views from Hunter Pyle (Hunter Pyle Law), Catha Worthman (Feinberg Jackson Worthman & Wasow), Ted Mermin (Public Good Law Center; Berkeley Ctr. for Consumer Law and Economic Justice), and Montserrat Miller (Arnall Golden Gregory LLP).

Click here to listen to the podcast (June 15, 2018), which is on iTunes and found by searching for “Weekly Appellate Report.”

Check out this week’s Compliance News Flash with quick reads about:

  • Background screening operations in Canada and capturing consent.
  • Colorado’s new law safeguarding personal data.
  • Homeland Security and increased workplace investigations.
  • GDPR (need I say anything more for those working on this?).
  • Termination of Temporary Protected Status and work authorization.

Any questions please contact me at montserrat.miller@agg.com.

Background screening is a key step in hiring and the onboarding process, but there are a litany of federal and state laws in the US that establish certain obligations on employers as well as provide applicants with certain rights, including from discrimination.

Join Montserrat Miller, Partner, Arnall Golden Gregory LLP, and iCIMS Genera Counsel, Neal Dittersdorf, on Thursday, May 10th at 3:00 pm EST for Remaining Compliant During the Background Screening Process, the latest webinar in iCIMS quarterly Compliance Webinar Series. During this session, attendees will learn about:

  • The requirement to get applicants consent through the disclosure & authorization form
  • The adverse action process
  • How Fair Chance Hiring laws affect employment screening
  • Pay equity laws
  • GDPR compliance

Click here to register.

California is on a roll with new employment-related laws effective January 1, 2018. The latest relates to salary history disclosures by job applicants. There is essentially a complete prohibition on an employer, either orally or in writing, personally or through an agent, seeking salary history information, including compensation and benefits, about an applicant for employment.  This applies to all employers (private/public) and the only exception is publically available salary history information. Background screeners and employers take note and check out section 432.3 of California’s Labor Code.

Another new law effective at the start of the year relates to immigration worksite enforcement and what employers cannot do and must do if they are the subject of a visit by immigration agents such as Immigration and Customs Enforcement (ICE) or the subject of an ICE investigation into their employment eligibility verification practices related to their Forms I-9.  Read more in this blog posting of mine.

I hope everyone is staying warm!

Please enjoy Friday’s edition of my Compliance News Flash with blurbs about:

  • California’s new immigration law which applies to employers
  • EU-U.S. Privacy Shield
  • Changes to background investigations by the National Background Investigations Bureau and Department of Defense
  • An update to New Jersey’s Ban the Box law
  • The return of Congress

Click here to read the Compliance News Flash.

This week’s Compliance News Flash features information on New York City’s pay equity law, stats on FCRA litigation, personnel moves at the Federal Trade Commission, news about a Form I-9 scam, and information about my presentation on developing a compliant background screening at my firm’s upcoming Employment Law Seminar in Atlanta.

Click here to read my News Flash.