Law regarding background checks for independent contractors, versus law for  employees,  can be surprisingly murky, especially as “gig economy” workers become more commonplace. While recent court decisions have held that the Fair Credit Reporting Act (FCRA) should not be applied to background checks for independent contractors, the Federal Trade Commission (FTC) firmly states that employees […]

This case illustrates how important it is that your organization not only conduct due diligence before you hire someone, to avoid negligent hiring actions. And how important it is for your organization to follow its policies in terms of retention and avoid a negligent retention action. Negligent hiring is the concept that employers can be […]

A Las Vegas restaurant owner who was stabbed last year by a DoorDash delivery driver has filed suit against the delivery service and claimed the company was negligent in hiring a felon with a history of mental illness and violence. According to Fabio Coppola, the driver, Mackie Lee Allen, became hostile when Coppola tapped on […]

Many companies put a lot of time and effort into establishing proper screening programs for their employees. However, they fail to demand the same standard of care from sub-contractors to whom they outsource services. Demand that sub-contractors comply with your background investigation requirements. Then, inspect what you expect from companies who assure you they are […]