|
|
Greetings!
With 2014 in our rear view mirror, we are excited to see what 2015 will hold for the world of background screening. The past year has been eventful and full of FCRA compliance challenges and legal woes for many companies. With plaintiffs' attorneys showcasing their creativity by filing lawsuits never before seen and courts deciding cases with the same facts in different ways, businesses must adjust to new views on compliance. They are also faced with employment issues surrounding ever-changing marijuana laws and the ways they impact company drug policies. While compliance regulations and marijuana laws have proved taxing for some businesses, we continue to guide our clients through a confusing legal landscape.
In this issue of The Monitor, we are pleased to present a guest article,What Employers Can Expect from the New Congress, written by attorney Joe Rubin of Arnall Golden and Gregory LLC in Washington, DC. With over 20 years of public policy and government affairs experience, Joe provides insight on what we can expect in the New Year with the new Congress. You will also find our 2015 Background Screening Predictions, a summary of ongoing compliance issues businesses are facing and an update on the latest marijuana lawsuits that could challenge an employer's right to a drug-free workplace. As always, the right hand column of this newsletter contains the latest federal and local updates including the latest 'ban the box' laws.
This year, Hire Image celebrates its 10-year anniversary with a new addition to the team, new certifications, and a continued commitment to excellence. We congratulate Hire Image Co-Founder Tom Tomlinson on obtaining his NAPBS Advanced FCRA Certification. Additionally, we are pleased to introduce Elizabeth Radka, our new Business and Client Services Coordinator. Hire Image is proud to have such a dedicated and driven team working for our clients. We are also grateful for our clients - some of whom have been with us since the beginning. Stay tuned for announcements about special customer appreciation events in 2015 to express our gratitude for your business.
Happy 2015, 
 Christine M. Cunneen
Chief Executive Officer
Hire Image LLC
|
What Employers Can Expect from the New Congress
By Joseph Rubin, Counsel to Arnall, Golden and Gregory, LLP
The years ahead promise a lot of legislative and regulatory activity on a range of fronts. While we expect that the parties in Congress will fight over "big" issues like health care and immigration, both the Republican majority in the House and Senate and the Democratic President want to accomplish some goals over the next two years, and they will need buy-in and cooperation from each other to do so.
This legislative and regulatory push-and-pull will present a number of challenges and opportunities for the business community: challenges in that regulations and legislation could intentionally or unintentionally impose costs on businesses and operations. However, there will also be opportunities to help "shape" these proposals as they move forward.
Considerations about 2016 and positioning their parties in the Presidential and Senate races is going to drive most of the big picture legislative considerations of both parties over the next two years. Each party will try to take votes on issues that highlight their priorities (lower taxes for the Republicans and environmental protection for the Democrats, for example) and embarrass the other party. However, each party still wants to demonstrate the ability to "govern," so it is unlikely that these fights will stymie efforts to enact legislation where possible.
In other words, the conventional wisdom is that this Congress is not going to accomplish much, given the very conservative House, the President's immigration Executive Order and the focus on positioning for 2016. However, we expect that this Congress could be successful on a bipartisan basis in passing a number of bills in important areas. In particular, we anticipate that Congress and the White House will reach agreement on many bills that make the "trains run on time," such as a budget and appropriations and the Medicare "doc fix." Congress may also be able to pass several of "nice to have" bills, such as data breach notification and reauthorization of the Secondary Education Act.
Read more
Read moreRead
|
Top 10 Background Screening Predictions for 2015
Criminals found in the workplace, sweeping changes in legislation regarding medical marijuana, high-profile cases of resume fraud, and increased number of class action lawsuits against businesses for non-compliance with employment laws - it's no wonder so many employers realized the importance of professional background screening in 2014.
What's ahead for 2015? Employers and human resource professionals from coast to coast can expect background screening, drug testing and verification of resumes to not only remain high on the list of assessment tools in the workplace, but to evolve to stay relevant with our changing culture.
Click here to read Hire Image's top 10 background screening predictions for 2015...
|
|
Staying Ahead of the Law: Four Ways to Maintain FCRA Compliance in 2015
Last year saw a dramatic rise in the number of Fair Credit Reporting Act (FCRA) class action lawsuits brought against employers. [See our 2014 blog posts from March and October.] With those numbers expected to rise even more in 2015, the importance of compliance cannot be overstated. Employers must pay close attention to the rules and regulations that pertain to background screenings and hiring policies. From disclosures to adverse action procedures, complying with employment laws will spare businesses the hassle and expense of lawsuits that could break the bank.
Compliance can seem onerous. The
rules are often imprecise and difficult to follow to the letter, even if an employer is quite familiar with the FCRA. To add to this uncertainty, different courts may not always agree on the interpretation of the laws, so the outcome of a lawsuit is never guaranteed. Plaintiffs' attorneys are taking this opportunity to cash in on the ambiguity of the law, putting employers in the hot seat.
Click here to read about the four basic compliance requirements employers must follow when screening applicants and employees...
|
**Update** Going Green: More States Introduce Medical Marijuana Regulations and Laws
Back in February, we reported on two cases involving employee medical marijuana usage for which the California and Washington Supreme Courts ruled in favor of the employer. There are two other pending medical marijuana cases which bear watching, as the outcomes may affect employer rights to a drug-free workplace: Coats v. Dish Network, LLC and Callaghan v. Darlington Fabrics Corporation. Colorado courts have also ruled in favor of the employer in Coats v. Dish Network, LLC, but the case is now on appeal at the Colorado Supreme Court. Additionally, a new medical marijuana case, Callaghan v. Darlington Fabrics Corporation, was filed in November 2014 in Rhode Island. As these cases develop, we remind employers to work closely with their legal counsel in ensuring that company drug testing policies are structured in a way that protects their company from such lawsuits. Medical marijuana laws can be found in over 20 states and each state varies in its rules and coverage. Recreational marijuana laws (AK, CO, OR, WA) also vary by state. It is important for employers to be aware of the laws where they operate and to watch the legal developments in these cases, as well as those to come.
In the case of Coats v. Dish Network, LLC,Dish Network allegedly fired a quadriplegic employee who had a medical marijuana card and tested positive for the drug. There were no allegations the employee was high at work, but Dish Network had a zero-tolerance policy on drug use. When the employee sued Dish Network, arguing that his termination
Read more
Read moreRead
|
|
About Hire Image
Hire Image LLC is a specialist in the field of background screening, drug testing and verification services. Our priority is to provide timely background screening reports, thus enabling clients to make well-informed hiring and/or retention decisions. We work with organizations nationwide, from small businesses and associations to large corporations, in all industries. Our clients are best served through our exceptional support system and customized reporting, which is tailored specifically to meet their needs. By considering ourselves a partner with each client, our success is based upon their success.
|
|
|
|
|
|
|
