November 2023
Enabling Employees for Excellence
Only 52% of employees feel adequately supported by employers for performance and career development. How can we, as employers, help our staff feel aided in their endeavors? Why should we be concerned about their development? Well, research has shown that focusing on how your employees feel about the organization internally can only help the company externally. Read more in our news article here. (this will be linked when I’m done!)
Read the Full StoryNY Governor Signs into “Clean Slate Act”
Earlier this month, the NY State Governor Kathy Hochul signed the Clean Slate Act into enactment for the state. The Clean State Act is built on the belief that once people fulfill the obligations of the justice system, getting into the workforce is necessary for stability.
The bill allows certain criminal records to be sealed years after an individual is charged with a criminal case, whether they are convicted or not. The eligibility of the records that can be sealed varies from state to state, but the Act does state that it will not seal cases of convicted sex crimes, murder, or other class-A felonies.
Records of individuals with eligible misdemeanor convictions in New York will be sealed after three years. NY State Senator Zellnor Myrie also provided that those with certain felony convictions will be sealed after eight years. New York joins eleven other states that have adopted the Clean Slate Act, and there is a large possibility it will continue to spread across the nation. As always, we implore you to stay current on legislation affecting hiring decisions. If you have questions about how this may impact your organization, we suggest contacting your legal team. You can read the Act in its entirety here.
Eleventh Circuit Ruling Addresses FCRA Violations
On November 16th, the U.S. Court of Appeals for the Eleventh Circuit ruled that a consumer does not need to prove actual damages for willful violations of the FCRA (Fair Credit Reporting Act).
The named plaintiffs filed a class action lawsuit against Experian, whose credit reports included tradelines from a medical debt collector. They alleged that the reports were invalid, as they included inaccurate status dates reported in the released credit checks. Because of this, it was alleged that Experian violated the FCRA by failing to “follow reasonable procedures” to ensure that credit reports were prepared with “maximum possible accuracy.”
We often see FCRA violation lawsuits (we’re talking multiple class actions a month). What makes this one different from the rest is that the Eleventh Circuit observed the case and rejected Experian’s argument that the plaintiff must provide
While the FCRA violation in this case occurred in credit tradelines, this ruling may stand in some courts regarding any violations of the FCRA in other methods. FCRA compliance is a tricky matter. Violations can often include outdated forms or missing disclosures; as of late, it has been especially prevalent regarding inaccurate information being reported in background checks.
The best way to avoid litigation involving the FCRA is to stay up-to-date on compliance (if you aren’t sure, we suggest speaking to your legal team!). One thing is sure: your screening vendor should comply with the Act. While we can’t speak for all background check providers, Atlantic releases only FCRA-compliant reports. We verify all criminal records directly with the courts, along with additional identifiers; that way, you’ll know the report you receive from us is accurate (and, therefore, in line with FCRA guidelines).
Learn more about the case and its intricacies in this article by Ballard Spahr LLP.
International Background Checks are Increasing in Popularity
Many surveys over the past few years have promoted the increase of international background checks. These international screenings can include criminal record searches, employment verifications, identity checks, and more! More and more companies are shifting to remote work, broadening their hiring pool to locations outside the United States. Or perhaps you’re hiring individuals who have moved to America in a new endeavor after finishing college! No matter the reason, Atlantic offers a full suite of international screening services so you can continue hiring where necessary, all within our screening portal. For pricing, reach out to our office.
