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Background Check News

Background Check News

negligent hiring

“Negligent Hiring” leads to $7 Billion in Punitive Damages

A Dallas jury recently awarded $7 billion in punitive damages against a cable company for “systemic safety failures” leading to the negligent hiring of a field technician. That employee stabbed and murdered an 83-year-old woman in her home in 2019. According to the complaint, the cable company “got rid of …

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marijuana

District of Columbia Issues New Marijuana “Self-Certification” Process

The Mayor of the District of Columbia recently signed legislation to remove the requirement that adults seeking to purchase marijuana products from licensed medical marijuana dispensaries must first obtain a recommendation from a licensed physician. Known as the “Medical Marijuana Self-Certification Emergency Amendment Act of 2022,” this legislation was previously …

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advisory

CFPB Advisory Confirms “Permissible Purpose” Required to Share Credit and Background Reports

The Consumer Financial Protection Bureau (CFPB) recently issued an advisory to confirm that companies that use and share credit reports and background reports have a permissible purpose under the Fair Credit Reporting Act (FCRA). As most of us are aware, the FCRA ensures fair and accurate reporting, requiring users who …

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colorado

Colorado Enforces State’s Wage Transparency Law

As Hire Image previously reported, Colorado’s Wage Transparency Law is considered one of the most aggressive to date because of the requirement to post salaries publicly. Now, the Colorado Department of Labor and Employment is demonstrating that enforcement may be more aggressive, as well. While the department was more lenient …

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Recidivist

Recidivist Man Arrested in Alabama Leaves People Asking Why He was Out of Jail

Austin Hall, the recidivist accused of shooting two Bibb County Deputies, killing 32-year-old Deputy Brad Johnson, has an extensive criminal history, leaving many asking why he wasn’t behind bars in the first place. And they aren’t wrong to ask. Court records show over 40 criminal charges since 2012, ranging from …

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Miya

Miya’s Law Takes Effect

As Hire Image previously reported, after an Orlando college student was killed by a maintenance worker at the same apartment complex she lived and worked, Florida lawmakers proposed “Miya’s Law” – a law intended to improve apartment safety. “Miya’s death is an awful tragedy – one that has put a …

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New York

Both Ithaca and Westchester County, New York Enact Transparency Laws

The City of Ithaca and Westchester County are the two latest jurisdictions in New York to require the disclosure of salary ranges in job postings.   Ithaca, New York   Effective September 1, 2022: Ithaca employers are prohibited from advertising an opportunity for employment, including a job, promotion, or transfer, …

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I-9

DOJ Settles with Florida Employer to Resolve Claims of Form I-9 Discrimination

The Department of Justice (DOJ) recently announced a settlement agreement with a Florida employer. This agreement is intended to resolve the DOJ’s claims that the employer allegedly discriminated against a non-U.S. citizen in the I-9 process. According to the DOJ, the employer violated the anti-discrimination provision of the Immigration and Nationality …

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virginia

Both Suspects Involved in West Virginia Shootout Had Long Criminal Histories

Court records in West Virginia show that both suspects involved in last week’s deadly shooting in the state, killing one sheriff’s deputy and injuring another, have long criminal histories. Richie Holcomb, who died during the shootout, was convicted of a felony in 2014 stemming from another felony the year prior. …

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Arizona

Arizona’s Third Act for a “Second” Chance

Effective January 1, 2023: Arizonans can petition the court to seal their criminal records if they have completed all terms of their sentence. Additionally, the law applies to arrest records and charges that were dismissed or resulted in a not guilty ruling.   Sealing of Arrest: Arizona Criminal Records This …

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Clean Slate Act

Colorado Passes Clean Slate Act

Effective August 10, 2022: Under Colorado’s newly passed Clean Slate Act Under the Clean Slate Act, non-violent criminal records will automatically be sealed without needing an order from a judge. The time of sealing is dependent upon the severity of the crime. For example, a petty offense will be automatically …

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Criminal Background Checks

8th Circuit Finds Applicants Do Not Have Right to Explain Accurate Background Checks

In a recent case, the 8th U.S. Circuit Court of Appeals ruled that the Fair Credit Reporting Act’s (FCRA’s) requirement to provide job applicants with the right to dispute the accuracy of background checks does not simultaneously provide a right to argue accurately reported convictions.   In doing so, the …

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