November

A recent class action lawsuit against Amazon is at least the second of its kind to be filed against the company in the last six months. Plaintiff Theo Feldstein alleges he was initially offered a job working for Amazon but the offer was withdrawn after the company received a negative background check conducted as part of the employment process. Feldstein alleges that Amazon violated the FCRA when they did not warn him about the negative report and when they neglected to allow him to fix any potential errors on the record. Feldstein seeks to represent a Class of employees or applicants at Amazon who had a background check conducted and who did not receive a copy or did not receive an email saying the report was confidential.

Hiring the right person to care for your kids and elderly parents is one of the most difficult decisions to make. And now a popular website that connects families and caregivers is facing questions about the thoroughness of its background checks.

In March of 2014, former nanny Sarah Cullen was convicted of felony child abuse leading to the death of 4-month old, Cash Bell. Cullen was sentenced to spend up to 70 years in prison. Cash's parents filed a wrongful death lawsuit against Cullen's previous daycare employer and Care.com.

The lawsuit alleges that the background check Cash's parents paid for through Care.com did not reveal a drunk driving conviction. The Bells claim had they known about the conviction, they would never had hired Cullen as their nanny. The case has raised questions about how Care.com goes about screening potential caregivers.

If you are among the estimated one in four Americans with a criminal record, you might face an uphill battle in your job search. Surveys show that a majority of employers (92%) perform criminal background checks when hiring for at least some positions. If a prospective employer finds out that you have an arrest or conviction record, you might find it difficult tocompete, especially in today's tight job market. Job seekers with criminal records have some legal rights. Federal and state laws place some limits on how employers can use these records in making job decisions. California has a number of legal protections in place for job seekers and places more restrictions on employers than many others. There are also two federal laws that protect applicants with criminal records, at least in some situations: The FCRA and Title VII of the Civil Rights Act of 1964.