Apologies, I’m a little behind the curve on this so you will see two Compliance News Flashes this week.

This particular Compliance News Flash we drafted covers the following topics:

  • Employers getting into hot water over the types of documents they request from employees when completing the Form I-9, leading to claims of discrimination.
  • The Bureau of Consumer Financial Protection is on track to have the least (that’s right, least) amount of enforcement actions on record.
  • An enforcement action by the Equal Employment Opportunity Commission (EEOC) related to race discrimination and the use of criminal history information for employment screening practices.

This week’s edition of the Compliance News Flash by Arnall Golden Gregory includes blurbs about the:

  • National Association of Professional Background Screeners (NAPBS) conference in Baltimore;
  • Temporary Protected Status program and an injunction against the government;
  • EU-U.S. Privacy Shield program and enforcement actions against organizations related to their certification;
  • Updated “A Summary of Your Rights under the Fair Credit Reporting Act” model form; and
  • Italy and the General Data Protection Regulation (GDPR).

Click here to read.

Enjoy and have a great weekend!

Here’s a sneak peek at this week’s Compliance News Flash from AGG:

  • The California Supreme Court ruled on the constitutionality of the Investigative Consumer Reporting Agencies Act, which is relevant to California employers and their background screening process.
  • Still in California, a new law on its way to the Governor for signature will require software updates for certain consumer reporting agencies.
  • Employers note for purposes of the Form I-9 that the federal government has again auto-extended the work authorization period for Salvadorans and Haitians under the Temporary Protected Status program.
  • Another write-up about the new notice requirement under the Fair Credit Reporting Act related to security freezes.

Click here to read it.

Check out this week’s edition of the Compliance News Flash which includes blurbs about:

  • The increase in ICE workplace investigations, including around the Form I-9 and issuance of Notices of Inspection.
  • California’s Consumer Privacy Act and application to your company.
  • The future of the EU-U.S. Privacy Shield pact for cross-border transfers of personal data.
  • NAPBS annual survey on employment background checks.

Click here to read the News Flash.

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

  • Salary history bans and employment applications
  • FCRA enforcement by the Federal Trade Commission
  • FCRA related litigation helpful to employers
  • EU-Japan data transfers
  • Changes to San Francisco’s Fair Chance Ordinance

Click here to read the News Flash.

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.