Articles — "federal-law"

Compliance

The Standalone Disclosure Rule: How One Extra Line Becomes a Six-Figure Lawsuit

Before you can run a background check, federal law says you have to give the applicant a disclosure form that stands completely alone. Mix it into your job application or add extra legal language, and you've built a template that can turn into a class action.

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Guides and analysis

The Standalone Disclosure Rule: How One Extra Line Becomes a Six-Figure Lawsuit

Individualized Assessment: What the EEOC Actually Requires Before You Reject Someone for a Criminal Record

'Reasonable Time to Dispute': What Courts Actually Mean Before You Finalize a Rejection

Ban the Box and Fair Chance Hiring Laws: A State-by-State Guide for Small Employers

Can I Ask About a Sealed or Expunged Criminal Record?

Clean Slate Laws and the Records That Shouldn't Be There

FCRA vs. EEOC: The Two Separate Federal Rulebooks Employers Keep Mixing Up

GINA and Background Checks: What Employers Can Never Ask, Even With Consent

How Far Back Can a Background Check Legally Go Under Federal Law?

How Far Back Do California Background Checks Go? The 7-Year Rule (and the $75,000 Myth)

Am I Allowed to Test for Marijuana Before Hiring?

Can I Ask a Candidate About Their Salary History?

Can I Background Check a Current Employee Being Promoted?

Can I Reject a Candidate Because of an Old Criminal Conviction?

Can You Reject a Candidate for Filing Bankruptcy? The Federal Law Employers Get Wrong

Do I Need Consent to Background Check a Contractor or Gig Worker?

DOT Drug and Alcohol Testing vs. Non-DOT Testing: What's the Difference

Motor Vehicle Record (MVR) Checks: Which Jobs Actually Require One

Am I Allowed to Screen a Candidate Without Telling Them?

Can I Run a Background Check Before Making a Job Offer?

EEOC Guidance on Criminal Records: Why 'No Felons' Policies Can Violate Title VII

Healthcare Screening Requirements: OIG Exclusion Lists, SAM Checks, and Sanctions Searches Explained

Permissible Purpose Under the FCRA: When You're Actually Allowed to Run a Background Check

The Summary of Rights Under the FCRA: What It Is and Why You Can't Skip It

An Applicant Disputed Their Background Check. Now What? The Employer's Obligations Under FCRA Section 611

Hawaii Background Check Law: The 7-Year and 5-Year Lookback Rule

The FACTA Disposal Rule: How Employers Must Legally Destroy Background Check Records

Construction Industry Background Checks: Screening for Safety-Sensitive Roles

One Background Check Policy, Fifty States: Why the 'National Standard' Approach Fails

What a Background Check Compliance Audit Actually Looks For

What Happens If You Violate the FCRA? Penalties, Statutory Damages, and Class Action Risk

Can I Ask About Arrests That Never Led to a Conviction?