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Articles

Professional literature written by Arthur J. Cohen, Esq., VP of Operations and General Counsel for Concorde.

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Regulatory Update: Fair Credit Reporting Act - New Regulations Result in Changes to Forms

September 4th, 2012.

Abstract: The Consumer Financial Protection Board (CFPB) has issued new regulations that modify several forms now required by the Fair Credit Reporting Act (FCRA). The use of these forms is mandated by January 1, 2013. This article identifies the notices and summaries that describe these regulations.

Coming FMCSA Changes; Merger of CDLs and Medical Certificates, and Certification of Medical Examiners

January 31st, 2012.

Abstract: In December 2008 the FMCSA adopted a rule affecting CDL drivers and their medical examinations, portions of which are effective on January 30, 2012; it is expected that some portions will be delayed for two years until January 30, 2014. In addition the FMCSA proposed a rule establishing a National Registry of Certified Medical Examiners (NRCME). This article explores the details and implications of these new rules.

FMCSA Finally Gives Electronic Documents Full Parity with Paper

January 18, 2011.

Abstract: The FMCSA published regulatory guidance concerning electronic signatures and documents effective January 4, 2011. The guidance was published in the Federal Register on its effective date. The major change in FMCSA policy contained in the guidance now formally permits the use of electronic signatures. With the new guidance such documents as employment applications, supervisor annual reviews, driver annual statements, etc. may now be signed electronically. This article reviews and explains the background, essence, and impact of this new FMCSA guidance.

The Use of Credit Reports in the Employment Process; Update

October 25th, 2010.

Abstract: The use of employment credit reports continues to be under attack by both federal agencies and state legislatures. This article is an update of the original article on this topic written in 2007. Like the original document, this article provides advice for utilizing credit and other reports.

Gravely Case Study

May 17th, 2010.

Abstract: In the Matter of Robert Graveley dba Bob Graveley Ranch and Trucking, Docket No. FMCSA – 2007-0101-USO436 (Western Service Center), the Federal Motor Carrier Safety Administration (FMCSA) recently found the motor carrier guilty of violating the Federal Motor Carrier Safety Regulations (FMCSRs) notwithstanding the motor carrier’s truck and driver never left the state of Montana; the motor carrier was fined $8700 for the violation. This article presents the facts of the case, a summary of FMCSA’s legal arguments, and a discussion of lessons learned.

The Pros and Cons of Searching Different Sources of Criminal Records

December 29th, 2008.

Abstract: Criminal records are the most utilized type of pre-employment background screen. There are a variety of sources of criminal records that are available. Each source of criminal records has certain advantages and disadvantages. This article provides an overview of the sources that are available, and some of the pros and cons of each source and its related type of search.

Employers and Their Service Agents Obligations to Report Drug Testing Results to State Motor Vehicle Agencies

July 30th, 2008.

Abstract: There is an increasing trend among the fifty states to require both employers and their drug and alcohol testing service providers to report positive drug, adulterated drug, substituted drug, positive alcohol test results and refusals to test of their commercial driver’s license (CDL) applicants and employees to their respective state motor vehicle agencies. This is a direct result of a broadening and increased effort to keep unsafe drivers off the road. This article discusses the federal government’s steps to further that effort, and includes a table listing each state’s reporting obligations.

Felony and Misdemeanor Convictions –Does (or Should) the Label Make Any Difference in the Hiring Process?

July 28th, 2008.

Abstract: Many employers make hiring decisions regarding applicants with criminal convictions depending upon whether the offense was labeled by the state statute as a felony or misdemeanor. Some employers have policies that a person convicted of a misdemeanor is always eligible for employment, while someone convicted of a felony is either automatically disqualified or requires further scrutiny before being considered. This article provides valuable information to assist an employer in considering conviction records.

The Relevance of Bankruptcy to Pre-Employment Screening & the Hiring Decision

May 27th, 2008.

Abstract: A private employer may not discriminate against anyone in the hiring process solely by reason of a bankruptcy. This article examines bankruptcy processes, and discusses the relevance of bankruptcy to pre-employment screening and the hiring decision.

The Use of Credit Reports in the Employment Process

December 12th, 2007.

Abstract: The use of employment credit reports are under attack by both federal agencies and state legislatures. This article provides some good common sense rules for utilizing credit and other reports.