Background Screening Pitfalls: Ban the Box Laws, Assessments, and Compliance Traps

By Helen L. Konrad, Esq., McCandlish Holton PC E-Verify is an internet-based employment verification system that has been around for decades. It began as a voluntary program to supplement the Form I-9 process that requires that all new hires present a document or document(s) that evidence both identity and authorization to work. It then became… More ›

The U.S. Supreme Court denied a certiorari petition filed by a staffing agency, thereby letting stand a Ninth Circuit ruling that has adverse consequences for the staffing industry. The Ninth Circuit held that a staffing agency and client could not compel arbitration of a temporary workers’ claims, ruling that that the worker was exempt from… More ›

On Sept. 10, the labor division of the auditor’s office of the city of Denver sent a letter to clients of the online platform Instawork informing them of their potential liability for Instawork’s misclassification of workers as independent contractors. The city asserts that these clients share potential joint liability for wage and other violations. The… More ›

Since the late 1990s, when states first began enacting medical marijuana legislation, the widespread adoption of such legislation and eventual legalization of recreational marijuana has created statutory inconsistencies that create significant confusion for employers. This complexity is compounded in states where local regulations conflict with federal law, making compliance particularly difficult; as of June 2024,… More ›

Shortly before adjourning for the year, the Massachusetts legislature passed H 4890. Among other things, the law will require covered employers to disclose the pay range for any job postings and advertisements. Led by Massachusetts lobbyists Tara O’Donnell and Roger Donaghue—and alongside representatives of the Massachusetts Staffing Association, an ASA-affiliated chapter—industry representatives met with key… More ›

The California legislature has introduced two bills that, if enacted, will significantly change how employment claims are resolved under the state’s Private Attorneys General Act and create major new incentives for staffing companies to focus on compliance to reduce their exposure to such claims. The legislation is a result of negotiations between business groups, labor… More ›

By Alden J. Bianchi, Esq. Edward A. Lenz, Esq. Employers maintaining benefit plans, including health insurance plans covered by the Affordable Care Act, must comply with certain notice and reporting rules established by the U.S. Internal Revenue Service and the U.S. Department of Labor under the tax code and the Employee Retirement Income Security Act,… More ›

Last week, in a worker misclassification lawsuit involving the gig company Qwick, San Francisco City Attorney David Chiu announced in a statement that Qwick had signed a “groundbreaking agreement” that would require the company to reclassify the workers as employees, pay them $1,850,000 in restitution and accrued sick leave, and pay the city a civil… More ›