Topic
Background Checks
559 published works
Employment Discrimination Report
Criminals Need Apply in Philadelphia
In case you were wondering, the title to this blog is not a typo. We have posted two recent blogs (March 22, 2011 and February 9, 2011) cautioning employers on the use…
Sentencing Law and Policy
“Internet Lets a Criminal Past Catch Up Quicker”
Main May 2, 2011"Internet Lets a Criminal Past Catch Up Quicker"The title of this post is the headline of this recent New York Times piece, which includes these interesting passages…
Workplace Privacy, Data Management & Security Report
Top Ten State Background Check Issues
Top Ten List of Issues Concerning Background Check
Class Action & Mass Torts
Bellwether Settlement For $5.9 Million Given Preliminary Approval For FCRA Class Action Involving Criminal History Information
By Pamela Q. Devata Under the Fair Credit Reporting Act ("FCRA"), an employer has a number of detailed requirements with which it must comply both before it can procure a…
Nursing Home Abuse Advocate
Does Your Nursing Home Hire Criminals? Chances Are Pretty Good It Does!
In a recent New York Times' article, Robert Pear writes about a disturbing fact: More than 90% of nursing homes in the United States "employ one or more people who…
California Employment Law Update
NASA Employees’ Privacy Was Not Invaded By Background Check
By Tony Oncidi
NASA v. Nelson, 562 U.S. ___, 131 S. Ct. 746 (2011) Twenty-eight contract employees of the Jet Propulsion Laboratory (“JPL”), which is owned by NASA but operated by Cal Tech,…
Health Industry Washington Watch
CMS Final Rule Expands Medicare/Medicaid/CHIP Provider and Supplier Screening Requirements Under Affordable Care Act Authority
On February 2, 2011, the Centers for Medicare & Medicaid Services (CMS) published a final rule with comment period (Final Rule) implementing provisions of the Affordable Care Act (ACA) that…
The Contractor's Perspective
Contractor employees subject to government background check
In National Aeronautics and Space Administration v. Nelson, No. 09-530 (U.S. Jan. 19, 2011) [pdf], the Supreme Court concluded that employees of government contractors can be subjected to the same background…
California Employment Law Update
Harmony at the High Court: Supremes Issue Unanimous Decisions on Government Background Checks, Third-Party Retaliation
The U.S. Supreme Court handed down two important employment law decisions in January, embarking upon a year that includes a host of notable cases that onlookers anticipate could bring about…
Proskauer on Privacy
Please Ignore the Intrusion, We Just Have a Few Questions to Ask: Supreme Court Validates Background Checks for Government Contractors
On January 19, 2011, the U.S. Supreme Court held that the federal government has broad latitude to conduct background checks on contractors who work at government facilities. Assuming, without deciding,…