Daniel Saperstein

Daniel Saperstein

Proskauer Rose LLP

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Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

12/24/2014 - Background Checks Ban the Box Criminal Background Checks EEOC Employee Credit Checks Employer Liability Issues FCRA Hiring & Firing Job Applicants

Columbia, Missouri Joins “Ban the Box” Trend

Columbia, Missouri is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on an employment application. The law, which took effect on December 1, 2014, only allows...more

12/9/2014 - Background Checks Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Local Ordinance

San Francisco Issues Guidance for Employers and Contractors on Fair Chance Ordinance

San Francisco has posted FAQs explaining key provisions of the city’s so-called Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014. The Ordinance “bans the box,” prohibiting most private employers and...more

12/9/2014 - Background Checks Ban the Box Criminal Background Checks Federal Contractors Hiring & Firing Job Applicants Local Ordinance San Francisco

FTC Issues Another Guide on Background Checks

As we reported in our prior alert, in March of this year, the Federal Trade Commission (“FTC”) issued a short brochure—Background Checks: What Job Applicants and Employees Should Know—on the use of background checks in hiring...more

11/12/2014 - Background Checks Criminal Background Checks FTC Hiring & Firing Job Applicants

Connecticut Broadens Exemptions to Law Limiting Credit Checks

Connecticut has added mortgage brokers, lenders, and servicing companies to the list of “financial institutions” exempted under the state’s existing law limiting credit checks for purposes of employment. The amendment, which...more

10/28/2014 - Background Checks Brokers Consumer Lenders Credit Checks Exemptions Financial Institutions Hiring & Firing Job Applicants Loan Servicer Mortgage Brokers Mortgage Servicers

FINRA Proposes Rule Strengthening Background Checks

Last month, the Financial Industry Regulatory Authority (FINRA) issued a proposed rule requiring member firms to strengthen their background investigations of applicants seeking registration. The proposed rule adopts,...more

10/27/2014 - Background Checks FCRA FINRA Nasdaq Proposed Regulation Registration

FCRA Preempts Tortious Interference Claim, Says NJ Court

The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background...more

10/23/2014 - Background Checks Banking Sector Credit Reporting Agencies Defamation Employer Liability Issues FCRA Hiring & Firing Preemption Tortious Interference

Latest Criminal Background Check Developments Affect San Francisco, Illinois, and Alabama Employers

Starting on August 13, 2014, employers and contractors in San Francisco may no longer ask applicants about their criminal history until after the first live interview or following a conditional offer of employment. Even when...more

8/11/2014 - Background Checks Ban the Box Contractors Criminal Background Checks Subcontractors

New Delaware Law “Encourages” State Vendors to “Ban the Box”

Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and...more

5/12/2014 - Background Checks Ban the Box Credit Checks Criminal Background Checks Employee Credit Checks Employer Liability Issues Hiring & Firing Public Employees Public Employers

New Louisville “Ban the Box” Ordinance Covers City Contractors, Continues Growing Trend

Mayor Greg Fischer recently signed an ordinance that generally prohibits the Louisville Metro Government (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history on the initial job...more

3/31/2014 - Background Checks Ban the Box Criminal Background Checks

San Francisco Releases "Ban the Box" Notice for Posting and Distribution

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel...more

3/31/2014 - Background Checks Ban the Box Criminal Background Checks

Background Check Guidance from the FTC and EEOC

On March 10, 2014, the Federal Trade Commission ("FTC") and the Equal Employment Opportunity Commission ("EEOC") jointly issued two short guides on the use of background checks in hiring and personnel decisions. Generally...more

3/13/2014 - Background Checks EEOC FCRA FTC Human Resources Professionals

Nevada Tenth State To Restrict Employer Use of Credit Checks

On May 23, 2013, Nevada's governor signed S.B. 127 to limit employer use of an applicant's or employee's credit history in hiring and personnel decisions....more

6/6/2013 - Background Checks Credit Reports EEOC Employer Liability Issues Hiring & Firing New Legislation Remedies

Minnesota Joins a Handful of Other States and Cities to "Ban the Box" for Private Employment

On May 13, 2013, Minnesota's governor signed S.F. 523 to preclude private employers from asking job applicants about their criminal history on the initial job application and from making such inquiries until the applicant has...more

5/21/2013 - Background Checks Hiring & Firing Job Applicants

FTC Expands FCRA Coverage to Mobile Industry – Employers Beware

The Federal Trade Commission ("FTC") recently extended the reach of the Fair Credit Reporting Act ("FCRA") to the mobile industry by means of a consent order, settling its complaint that alleged Respondents Filiquarian...more

1/23/2013 - Background Checks Choice Level LLC Criminal Background Checks FCRA Filiquarian Publishing FTC Hiring & Firing Mobile Apps

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