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

Oregon audit calls for stronger background checks for child care workers

by KGW Staff - KGW8

PORTLAND, Ore. — Oregon needs to improve child safety with stronger background checks for child care workers and an improved sex offender registry, a state audit found.

The Oregon Secretary of State Audits Division said that while the majority of child care providers have no criminal convictions, the Oregon Department of Education’s Office of Child Care (OCC) and the Department of Human Services’ Background Check Unit (BCU) have approved some child care workers who have in the past committed crimes such as child abuse or neglect.

Read more: https://www.kgw.com/article/news/local/oregon-audit-calls-for-stronger-background-checks-for-child-care-workers/283-2d9beadd-564b-43ec-a922-e0bb4e7a46e1

Another New York Locality Bans the Box

by Pamela Q. Devata, Jennifer L. Mora, Stacey L. Blecher - Seyfarth

Seyfarth Synopsis: On April 27, 2020, the Suffolk County Legislature filed with the Secretary of State an amendment to the county’s Human Rights Code to include a new “Fair Employment Screening” section. As a result, effective August 25, 2020, Suffolk County, New York employers with 15 or more employees will be restricted in their ability to make pre-employment inquiries about an applicant’s criminal history. Because other New York cities and counties have enacted similar laws, such as in New York City, Buffalo, Rochester, and Westchester County, employers operating in the Empire State should consider reviewing their hiring practices to ensure compliance in all jurisdictions.

Read more: https://www.seyfarth.com/news-insights/another-new-york-locality-bans-the-box.html

Maryland Employers: Take Note of New Employment Laws Effective October 1

by Lincoln Bisbee, Alexander Malson, Morgan Lewis - JD Supra

Beginning October 1, 2020, new obligations and prohibitions take effect concerning Maryland’s antidiscrimination law, mass layoff procedures, salary histories, and more.

The 2020 Maryland legislative session ended on May 7, when Governor Larry Hogan either vetoed or permitted any outstanding bills passed by the Maryland General Assembly to become law absent his signature. In addition to overriding the governor’s veto to enact a statewide “ban the box” law in February, the General Assembly enacted several new employment laws during this past legislative session. The new laws add protected characteristics to Maryland’s antidiscrimination law, enact new requirements in cases of mass layoffs, and create new obligations and protections related to employee salaries and salary inquiries. Each of the new requirements takes effect on October 1, 2020.

Read more: https://www.jdsupra.com/legalnews/maryland-employers-take-note-of-new-43167/

7Investigates: Is your ride share driver using someone else’s identity to pass background checks?

by Sam Smink - WHDH 7NEWS

When we request an Uber or Lyft, we assume the person driving us is safe, because they passed a background check.

But what if the person is an impostor?

“At first, I was like, this has got to be a joke,” says Carole Cassidy, after opening a tax form saying she made more than $4,000 driving for Uber in 2019.

The problem was, Carole said, “I’ve never worked for Uber, I don’t work for them, I don’t even have the app.”

Read more: https://whdh.com/news/7investigates-is-your-ride-share-driver-using-someone-elses-identity-to-pass-background-checks/

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

Employment-Screening Options During the COVID-19 Pandemic

by Roy Maurer - SHRM

The coronavirus crisis has upended normal HR workflows—and pre-employment screening is no exception.

"COVID-19 has caused courts and other public-records repositories and drug-testing laboratories to either close or be difficult to access," said Pamela Devata, an employment attorney and partner in the Chicago office of Seyfarth Shaw. "Criminal and civil records reviews and previous employment and education verifications are not as readily available due to closures and remote working. Some applicants may also be reluctant to visit drug-testing labs, and labs may have suspended in-person services."

Read more: https://www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/Employment-Screening-Drug-Testing-Options-COVID19-Pandemic.aspx

RECAP: Changes to the Fair Credit Reporting Act in the Wake of the Unprecedented COVID-19 Pandemic

by Nadia Adams - National Law Review

With over 22 million Americans currently out of work, the COVID-19 pandemic has proven to be both a global health crisis and a period of economic instability. Over the past few weeks, a number of new regulations have been enacted to ease the financial strain so many Americans are feeling.  Here, we focus specifically on the new credit reporting landscape and what credit reporting agencies and data furnishers should know.

Read more: https://www.natlawreview.com/article/recap-changes-to-fair-credit-reporting-act-wake-unprecedented-covid-19-pandemic

COVID-19: What Should Employers Consider As They Adapt Their Background Screening Program?

by Alonzo Martinez - Forbes

Businesses continue to operate despite the global reach of COVID-19. And while some industries are seeing a momentary downturn in hiring, others are experiencing a seemingly insatiable need for talent. From workers supporting the supply chain to healthcare professionals on the frontlines of the battle against COVID-19, the need to identify and onboard workers is more critical now than ever.

Read more: https://www.forbes.com/sites/alonzomartinez/2020/04/16/covid-19-what-should-employers-consider-as-they-adapt-their-background-screening-program/#74973a7fae0f