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Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to...more

California Court Certifies FCRA Class of Over 40,000 Applicants

As Littler has reported, the number of class action lawsuits against employers alleging violations of the Fair Credit Reporting Act (FCRA) has continued to spike. Most lawsuits proceed in federal court, but the FCRA allows...more

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

Federal District Court Holds Employer to its Promise in FCRA “Pre-Adverse Action” Notice

The U.S. District Court for the Eastern District of Wisconsin recently held that an employer potentially violated the Fair Credit Reporting Act (FCRA) when it provided the employee with three days to dispute information...more

"Who Can It Be Now?" New York Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction

On May 4, 2017, the New York Court of Appeals answered who may be liable under the state’s fair employment law for discrimination based on an individual’s conviction record. The opinion in Griffin v. Sirva, Inc. is...more

FTC Issues "Advice" on Background Check Disclosure and Authorization Forms

On April 28, 2017, the Federal Trade Commission (FTC) issued a blog article entitled “Background checks on prospective employees: Keep required disclosures simple.” The FTC is one of the two federal agencies with oversight...more

New Changes to Massachusetts Regulations on Criminal History Checks

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law. CORI refers to the database of criminal information maintained by the Department of Criminal...more

California Lawmakers Introduce Statewide Ban-the-Box Law

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last six months alone, we have reported on a variety of new laws that apply to California employers...more

It's Not Just a Box: Understanding How "Ban-the-Box" Laws Go Beyond Your Employment Application

In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made a conditional offer. It was not for another 12 years...more

California Employers Are Subject to New Requirements When Using Criminal History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

District of Columbia Mayor Signs Law Restricting Employers from Using Credit Information in Employment Decisions

On February 15, 2017, District of Columbia Mayor Muriel Bowser signed a bill prohibiting, with limited exceptions, employers’ use of or obtaining a job applicant's or employee's credit information for employment purposes. ...more

Ninth Circuit is the First Appellate Court to Rule on “Extraneous Text” in a FCRA Background Check Disclosure

On January 20, 2017, the U.S. Court of Appeals for the Ninth Circuit became the first appellate court to rule on the lawfulness of a liability waiver in a Fair Credit Reporting Act (FCRA) disclosure. In Syed v. M-I, the...more

Cal/OSHA Amendment Significantly Expands its Definition of “Repeat” Violations

Effective January 1, 2017, Cal/OSHA will be utilizing a broader definition of “Repeat” violation under California’s Health and Safety Code. This is significant for California employers because if Cal/OSHA finds a Repeat...more

Cal/OSHA Adopts First in the Nation Standard on Workplace Violence Prevention for Healthcare Employers

National research indicates that health care workers are at a substantially higher risk of workplace violence than the average worker in another industry. According to the federal Occupational Safety and Health...more

City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law

In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal...more

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each...more

Forget Trump or Clinton—What Else is on the November 8 Ballot?

Next week, Americans will head to the polls to elect their 45th President. Across the nation, voters will also fill 469 congressional seats, including 435 in the House and 34 in the Senate. While these federal races tend to...more

New Background Check Requirements for California Transportation Network Companies

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes.  The...more

Four States Expanded Employer Data Breach Notification Obligations in 2016

With over 680 security breaches reported so far in 2016, more employers are being forced to confront the issue of how to respond to a breach. All states except Alabama, North Dakota and New Mexico now require notification...more

California's Recreational Marijuana Initiative Is Not Expected To Impact Employer Workplace Drug Policies

California may be the next state to join Alaska, Colorado, the District of Columbia, Oregon and Washington in legalizing adult recreational use of marijuana. On November 8, 2016, California voters will decide whether to...more

California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal...

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more

Cal/OSHA Warns California Employers That Another Hot Summer is on the Horizon

On June 1, 2016, the California Occupational Safety and Health Division (Cal/OSHA), predicting that temperatures in certain parts of Southern California and even the cooler Bay Area are expected to exceed 100 degrees, issued...more

Ohio Becomes the Latest State to Legalize Marijuana for Certain Medical Uses While Avoiding Constitutional Ballot Initiatives

Last year, Ohio legislators found themselves caught in the middle of a media firestorm created by various pro-legalized marijuana groups who were politically savvy and financially funded enough to place multiple proposed...more

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