January 2025 NEWSLETTER

Message from the Editor:

Welcome to another edition of Inside Background Screening, our new newsletter. Our goal is to bring to you cutting edge news and information about what is happening in the background screening world to help keep you informed and to position you to make the best possible hiring decisions.

We hope you enjoy Inside Background Screening and that you will share your interest and thoughts with us.
Lorenzo
Lorenzo Pugliano, CEO
lpugliano@nsshire.com


EMPLOYMENT SCREENING

New Law Prohibits Discrimination on the Basis of Possessing a Driver’s License
A new California law (Senate Bill 1100) amends FEHA to ban driver’s license requirements in job ads.
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Applicant’s Background Check Incorrectly Reported a Warrant for Her Arrest, Lawsuit Claims
Sterling Infosystems allegedly violated the FCRA with an inaccurate background check.
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Credentialing Reform Bill Championed by ATA to be Signed into Law
The ATA supports a bill streamlining background checks for supply chain workers.
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WebRecon Oct 2024 FCRA Lawsuits Filed Stats: Everything Up in Oct and YTD
Lawsuits filed under FCRA rose 10.1% YTD in October 2024.
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LEGAL ISSUES

CFPB Proposes FCRA Rule with Far-Reaching Implications on Data Brokers
CFPB’s rule aims to close credit reporting loopholes used by data brokers.
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CFPB Releases Long-Awaited Proposed Amendments to Regulation V
Proposed Regulation V amendments aim to modernize consumer data regulation.
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DRUG & ALCOHOL SCREENING

To Test or Not to Test: Ohio Employers Adapt to Legal Recreational Cannabis
Ohio legalized marijuana in 2023; employers must apply testing rules consistently.
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New Jersey Cannabis Law Does Not Imply Private Right of Action
Federal court rules CREAMMA does not allow rejected applicants to sue.
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Florida Employers Must Consider Accommodations for Off-Duty Medical Marijuana Use
Florida court rules employers must accommodate legal medical cannabis use.
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IMMIGRATION STATUS & EVERIFY

What Employers Need to Know About Worksite Compliance During a Second Trump Term
Employers may face stricter I-9 audits and enforcement under Trump’s second term.
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BIOMETRICS

Exploring Fingerprint Background Check Reciprocity Across Sectors
Reciprocity for fingerprint checks varies greatly across industries and jurisdictions.
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What We Talk About When We Talk About ‘Humanness’
In an AI-driven world, proving a person’s humanness is becoming essential.
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DRUG POLICY & COMPLIANCE

CDC Warns of Deadly Drug 100x Stronger Than Fentanyl
Carfentanil overdoses spike 700% — a new danger in the opioid epidemic.
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FAA Expands Drug, Alcohol Testing to Non-U.S. Repair Shops
The FAA mandates testing at foreign facilities repairing U.S. aircraft.
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New Mexico County Ends Cannabis Testing for Most Public Employees
Bernalillo County removes cannabis from its illegal drugs list for workers.
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SOCIAL MEDIA SCREENING

Social Media in the Workplace: Balancing Rights and Business Interests
NLRB enforces employee rights around workplace social media expression.
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New York Social Media Privacy Law
NY law prohibits employers from accessing private employee social media accounts.
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ARTIFICIAL INTELLIGENCE

Does the FCRA Apply to AI Tools?
AI-based hiring tools may trigger FCRA compliance and legal exposure.
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TENANT SCREENING

AG Bonta Secures $625K Settlement Over COVID-Era Tenant Screening Violations
RealPage and Holland violated CA’s COVID-19 Tenant Relief Act in rental decisions.
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