RELIABLE BACKGROUND SCREENING INDUSTRY NEWS AND ARTICLES

The Department of Labor (DOL), in its first meaningful revision since 1958 to its joint employer regulation, announced a proposed rule to change how joint employer status is determined going forward. This is of particular importance to the franchise industry, where franchisors strive to not be considered a joint employer. The DOL proposal has a four-factor test that evaluates whether a potential joint employer exerts control to: Hire or fire the employee Supervise and control the employee’s work schedules or conditions of employment Determine the employee’s rate and method of payment, and Maintain the employee’s employment records. Included in the DOL proposal [...]

Last month I wrote about the Ninth Circuit Court of Appeals’ ruling in Gilberg v. California Check Cashing Stores, and the significant impact it may have on determining if an Employee Screening Disclosure and Authorization (DA) form is compliant. The possible consequences are so severe, I am writing about it again. The FCRA – Fair Credit Reporting Act – the federal law that governs employee screening – imposes a statutory fine of up to $1,000 per individual for technical violations of this law. When class action lawsuits are filed, the law allows a five-year look-back period to see how many applicants applied [...]

Just a few weeks ago, the Ninth Circuit Court of Appeals issued a ruling in Gilberg v. California Check Cashing Stores that may have a significant impact on whether an Employee Screening Disclosure and Authorization (DA) form is compliant. Although the FCRA (Fair Credit Reporting Act – the federal law that regulates employee screening) has not changed, case law evolves over time. Further, predatory plaintiff attorneys seek to exploit recent (and other) case law rulings that help them file new class action law suits for technical violations of FCRA. The FCRA has always required a clear and conspicuous DA, whose sole purpose [...]

Reliable Background Screening has introduced its Preferred Partner Program to protect franchise brands. So often individuals invest a substantial portion of their wealth into a franchise brand – a brand that is offered to a myriad of individuals. By vetting each new franchisee owner, both the franchise brand and all franchisee owners are best protected. The Preferred Partner Program will help franchise businesses maintain uniformity and reduce risk. The program offers franchise companies the ability to have all its franchisees use the same service for employee background checks. By working with a plethora of different and growing franchise companies, Reliable knows that [...]