With clients who screen for drugs all over the world, Pre-employ.com gets asked about drug testing services frequently. One of the most common areas of discussion surrounds the use of recreational marijuana. Many states have or are in the process of passing recreational or medicinal marijuana laws and we expect this topic to continue to trend. Chelsea Mesa Caitlyn Crisp and Michael Cross of Syfarth Shaw wrote a good blog on this subject that we are sharing below.
Kelly Services has agreed to settle a class action lawsuit for allegedly violating the Fair Credit Reporting Act (FCRA).As mentioned in our white paper - Top 3 FCRA lawsuits and how to prevent them - the background check release form is a top target for class action lawyers looking to capitalize on big paydays. According to topclassactions.com, plaintiffs allege that between July 18, 2012 and January 23, 2014, Kelly Services provided its employees and job applicants with a FCRA disclosure form to conduct background checks that also contained a liability release. Unfortunately, this is in clear violation of the Fair Credit Reporting Act (FCRA).
A win for employers, Fair Credit Reporting Act (FCRA) class action lawsuit case dismissed.
A federal judge in Minnesota dismissed a FCRA class action lawsuit after agreeing with the defendants that her “informational injury” did not meet the burden of proof. Employers that are currently in litigation regarding background check release forms should take note. If your company is not in litigation, this information should be shared with your legal department.
Most people understand that the primary focus of a background screening company is to find criminal records and accurately report them to the entity requesting the information.
What many may not realize is employers across the nation are actively looking for criminal record activity in order to actually hire a felon.
According to the latest Debt Collection Litigation and CFPB Complaint Statistics Report from WebReconConsumer litigation cases under the Fair Debt Collection Practices Act, Fair Credit Reporting Act (FCRA) and Telephone Consumer Protection Act all increased in January.