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Hiring & Background Checks

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Overview

Attracting the best talent is critical to all companies. However, the hiring process has become increasingly complex due to the many applicable international, federal, state and local rules. These rules govern advertising, recruitment techniques, applicant tracking, privacy, applicant testing, conviction and credit checks, drug tests and requirements for record retention and new-hire notices.

Our Hiring & Background Check Group is global in reach, providing practical compliance guidance as well as best-practices advice to U.S. and multinational companies. We have toolkits and forms that address job posting and advertisements, applicant tracking, background checks and new-hire documentation, and provide training to human resources professionals and hiring managers.

More and more companies are the targets of class litigation concerning their hiring processes, involving issues ranging from criminal and credit history screening to compliance with the Fair Credit Reporting Act. These suits can be brought by government agencies, such as the Equal Employment Opportunity Commission, or by private plaintiffs’ attorneys. As litigators experienced in class action defense, we develop strategies to reach a positive resolution of cases for our clients, whether in or out of court.

Our lawyers are widely recognized as scholars and thought leaders, having authored numerous articles on a full range of hiring and background check issues for such prominent publications as the Wall Street Journal, Washington Post and Bloomberg BNA.

Areas of Focus:

  • Fair Credit Reporting Act (and state and local equivalents)
  • Federal, state and local laws that require and restrict credit and criminal background checks
  • Drug testing
  • Job application and interview question compliance
  • Motor Vehicle Record search regulations
  • Social media use in hiring
  • Reference checks and employment verification
  • International recruiting, expatriate agreements and conducting background checks around the world
  • Recruiting challenges and opportunities, and advertising and posting rules
  • Online application processes and documents, including applications, privacy notices and applicant tracking
  • Application systems and key documentation, such as online applications, applicant flow tracking systems, and internal and external job postings
  • Job descriptions that demonstrate the American with Disabilities Act
  • Testing, including compliance with the Uniform Guidelines in Employee Selection Procedures
  • Offer letters, employment agreements, restrictive covenants and other required new-hire documentation such as wage notices, and I-9 and e-verify compliance
  • Use of staffing companies and temp-to-hire issues
  • Reasonable accommodation of applicants
  • Training