In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance. A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more
3/13/2024
/ Adverse Employment Action ,
Ban the Box ,
California ,
City of Los Angeles ,
Criminal Background Checks ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
Regulatory Requirements ,
Screening Procedures ,
Undue Burden
Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use. One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more
10/27/2023
/ Adverse Employment Action ,
California ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
Marijuana ,
New Legislation ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice...more
On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA)...more
4/6/2022
/ Adverse Employment Action ,
Article III ,
Background Checks ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Putative Class Actions ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
On March 20, 2020, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act...more
In Ramirez v. Trans Union, the Ninth Circuit addressed whether, at the class certification stage of a putative class case, only the named plaintiff or all class members must have Article III standing (i.e., a concrete injury...more
3/2/2020
/ Adverse Employment Action ,
Article III ,
Class Certification ,
Corporate Counsel ,
Credit Reporting Agencies ,
Credit Reports ,
Disclosure Requirements ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Office of Foreign Assets Control (OFAC) ,
Putative Class Actions ,
Standing ,
Statutory Violations
With the start of a new year—and a new decade—employers in San Francisco, California, Waterloo, Iowa, and Grand Rapids, Michigan, must follow new “ban-the-box” laws restricting their use of criminal records in hiring and...more
2/13/2020
/ Adverse Employment Action ,
Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws
The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more
3/1/2018
/ Adverse Employment Action ,
Background Checks ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Disclosure Requirements ,
Disney ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
GEICO ,
Hiring & Firing ,
Job Applicants ,
Motion to Dismiss ,
Southwest Airlines ,
Summary Judgment ,
Transfer of Venue ,
Willful Violations
On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more
2/19/2014
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Criminal Records ,
Employee Definition ,
Employment Application ,
Human Resources Professionals ,
Job Applicants ,
Personnel Records ,
Posting Requirements
On April 19, 2013, Colorado Governor John W. Hickenlooper signed into law Senate Bill 13-018 (the "Employment Opportunity Act"), which will significantly restrict the ability of Colorado employers to use “consumer credit...more