Know Before You Hire: 3 Employment-Screening Trends in 2021

by Roy Maurer - SHRM

The COVID-19 pandemic will continue to impede aspects of employment screening in 2021, leading employers to use alternative procedures such as conditional hiring and remote drug testing.

"The good news for employers is that as the economy opens back up, courts reopen, and employers and schools resume more normal operations, these issues become self-solving," said Les Rosen, attorney, speaker and the CEO of Employment Screening Resources, a background-screening firm in Novato, Calif. "In the meantime, employers cannot stand still just because the system is less than perfect. Keep in mind that due diligence does not require a 'complete' background check. Due diligence requires that an employer take reasonable steps to fulfill its duty of care."

Read more: https://www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/Background-Checks-Employment-Screening-Trends-2021.aspx

Mitigating FCRA Risks in the COVID-19 World

by Hunton Andrews Kurth

In the years leading up to the current COVID-19 pandemic, consumer litigation claims related to the Fair Credit Reporting Act (“FCRA”) doubled.1 Although there has been a slight decrease in FCRA filings since March 2020 (due in large part to court closures and stay at home orders resulting from COVID-19), we expect FCRA claims will once again be on the rise as courts reopen and the relief measures under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)2 are tested. Indeed, in the months following the initial COVID-19 outbreak, the Consumer Financial Protection Bureau (“CFPB”) received its highest number of FCRA consumer complaints, with over 14% mentioning coronavirus keywords.3

Read more: https://www.huntonak.com/en/insights/mitigating-fcra-risks-in-the-covid-19-world.html

Recruiters’ legal obligations when workers switch occupations

by Carla Feakins - People Management

Covid-19 has driven rapid changes in the jobs market, with some roles now in extremely high demand while others are almost disappearing. Recently published data from the Office for National Statistics (ONS) highlights that between January and June 2020 more workers changed occupation than during the same period last year, with over half simultaneously moving into a different major industry.

Read more: https://www.peoplemanagement.co.uk/experts/legal/recruiters-legal-obligations-workers-switch-occupations?utm_source=mc&utm_medium=email&utm_content=PM_Daily_17092020.Employment+law:+Recruiters%E2%80%99+legal+obligations+when+workers+switch+occupations&utm_campaign=7295441&utm_term=5459367

Blockchain’s Role In Reshaping The Future Of Work

by Emily He - Forbes

With unemployment numbers at record highs, millions of people around the world are embarking on the daunting task of job hunting – which is even more challenging for both candidates and recruiters in today’s world of remote work.

Read more: https://www.forbes.com/sites/emilyhe/2020/09/01/blockchains-role-in-reshaping-the-future-of-work/#f0527a22c801

What Employers Might Have Missed In The First Half Of 2020: From Ban The Box Laws To Marijuana Measures A Midyear Compliance Update

by Alonzo Martinez - Forbes

For lawmakers, the first half of 2020 has brought a dynamic shift from the typical legislative agenda. Measures frequently debated by lawmakers were tabled while bills aimed at addressing the Covid-19 pandemic rightfully took precedent. Nonetheless, despite a pivot in priorities and a truncated legislative agenda, many laws affecting employers, particularly those aimed at promoting job seekers' and employees' rights, still managed to cross the finish line.

Read more: https://www.forbes.com/sites/alonzomartinez/2020/07/10/what-employers-might-have-missed-in-the-first-half-of-2020-from-ban-the-box-laws-to-marijuana-measures-a-midyear-compliance-update/#45682415561a

COVID-19: The evolution of background screening

by Editorial Team - HR News

COVID-19 has ushered in changes in just about every area of business. In the last few months businesses have battled with the challenge of not only ensuring the safety of their own staff in the work environment, but also safeguarding corporate data in newly created remote working environments. In these challenging times, the role of supporting and creating great teams falls to HR in a whole new way. As corporate cultures have changed almost overnight with the traditional working environment shifting dramatically.

Read more: http://hrnews.co.uk/covid-19-the-evolution-of-background-screening/

Credit Bureaus to Get Close Look for Coronavirus Response, CFPB Says

by Evan Weinberger - Bloomberg Law

• Credit bureaus’ compliance with CARES Act faces CFPB scrutiny

• Bureau saw record number of complaints in April and May

CFPB director Kathleen Kraninger warned credit reporting bureaus and the lenders that furnish data to them to comply with federal coronavirus relief requirements amid a surge in complaints to the consumer watchdog agency.

Read more: https://news.bloomberglaw.com/banking-law/credit-bureaus-to-get-close-look-for-coronavirus-response-cfpb-says

FTC Makes More State-Level Data Available About COVID-19 Related Complaints from Consumers

Press Release - Federal Trade Commission

The Federal Trade Commission is making more state-level information available to the public about the complaints it receives from consumers related to COVID-19, with reports about online shopping problems topping the list of complaints in most states.

Read more: https://www.ftc.gov/news-events/press-releases/2020/06/ftc-makes-more-state-level-data-available-about-covid-19-related

Considerations for Employers Bringing Employees Back to Work in the Wake of the COVID-19 Pandemic

Buchalter Client Alert - Buchalter Law Firm

As the White House and state and local governments begin to assess business re-opening measures in the wake of the COVID-19 pandemic, employers are evaluating how to transition employees back to the physical workplace. As a threshold matter, employers must assess applicable state and local governmental orders for restrictions, timing, and guidelines regarding business re-opening, as the lifting of shelter-in-place orders and re-opening measures will vary by region and industry.

Read more: https://www.buchalter.com/publication/buchalter-client-alert-covid-19-considerations-for-employers-bringing-employees-back-to-work-in-the-wake-of-the-covid-19-pandemic/

COVID-19: Credit Reporting in the Age of COVID-19

by Brian M. Forbes and Robert W. Sparkes, III - National Law Review

The CARES Act’s Impact on Furnisher Liability Under the Fair Credit Reporting Act

As part of the federal government’s efforts to provide relief from the economic impact of the COVID-19 pandemic to consumers, Congress took aim at financial services companies that provide consumer account information to credit reporting agencies (CRAs). The reporting activities of those companies, which are known as “furnishers” and include, among others, creditors, mortgage loan servicers and credit card account servicers, are governed by the Fair Credit Reporting Act (FCRA). [1] The Coronavirus Aid, Relief, and Economic Security (CARES) Act, [2] enacted on March 27, 2020, expressly amends FCRA and alters the duties of furnishers when reporting the status of accounts provided with COVID-19-related payment relief. [3] Despite the potential exposure carried by a violation of FCRA generally—either through private civil litigation, most notably class actions, or government enforcement—key defenses remain in place for furnishers to mitigate FCRA liability.

Read more: https://www.natlawreview.com/article/covid-19-credit-reporting-age-covid-19