The Ninth Circuit ruled generally employer favorable in two recent decisions concerning background checks and disclosures. The highlights in these two cases were that the background check disclosure may contain explanatory language as long as it isn’t excessive and confusing; the disclosure can be presented at the same time as other materials, as long as the disclosure is on a separate form; the language in a separate authorization form has no impact on the disclosure form’s compliance with the Fair Credit Reporting Act (FCRA) standalone requirements; and the pre-adverse action letter does not have to require the opportunity for the applicant to discuss the report with the employer.

OPENonline will be closed to observe Memorial Day on Monday, May 25, 2020. Customers will still have online access during this time; however, please be aware that many courts, state offices, employers and educational institutions will be closed during this holiday and may cause delays in the return of criminal, court and other orders. If possible, place your requests early to ensure timely receipt of required information.

OPENonline would like to take this opportunity to remember, honor and sincerely thank all the brave men and women who have served our country!

Best wishes to you and your family for a happy and safe holiday weekend!

#OPENonline

The law takes effect on August 25, 2020, and employers with more than 15 employees will have to comply. The law prohibits asking questions about an applicant’s criminal history until after an application has been submitted and an initial interview has been conducted, with some exceptions.

An update from E-Verify and the USCIS. Because many areas are under stay-at-home orders due to COVID-19 and some online renewal services have restrictions, employees may experience challenges renewing a state driver’s license, a state ID card, or other Form I-9, Employment Eligibility Verification, List B identity document. Considering these circumstances, DHS is issuing a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification.

On April 20, the Department of Homeland Security published a temporary final rule to amend certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment during the coronavirus (COVID-19) public health emergency.  The temporary final rule expires on August 18, 2020.