California has implemented new regulations, effective October 1, 2023, that significantly change the employer criminal background check process for California applicants and employees. The following answers to ten frequently...more
The Ninth Circuit recently issued two mostly pro-employer federal Fair Credit Reporting Act (FCRA) background check decisions that held:
..background check disclosures may contain some concise explanatory language, but...more
The recent spread of the novel coronavirus (COVID-19) in the United States has caused employers to be increasingly concerned and uncertain regarding the future of their workforces. Below are some answers to frequently asked...more
3/9/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
OSHA ,
Policies and Procedures ,
Risk Management ,
State Labor Laws ,
Wage and Hour ,
Workers' Compensation Claim
On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more
8/9/2019
/ Administrative Procedure Act ,
Adverse Impact ,
Appeals ,
Business Necessity ,
Civil Rights Act ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Lack of Authority ,
National Origin Discrimination ,
Notice and Comment ,
Race Discrimination ,
Title VII
In Owens v. Crabtree, Opinion No. 5616 (January 16, 2019), the South Carolina Court of Appeals held that a company’s termination of an employee for using company devices, on company time, to oppose a local building project...more
The disclosure requirement of the federal Fair Credit Reporting Act (FCRA) remains one of the most contentious and expensive litigation areas for employers. The case law from various federal district courts has been a mixed...more
2/7/2019
/ Background Checks ,
Best Management Practices ,
Class Action ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Application ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Job Applicants ,
Waiver of Liability
On September 24, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) reaffirmed the importance of following its 2012 enforcement guidance on employer use of criminal history information - specifically the EEOC’s...more
On September 12, 2018, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule updating its A Summary of Your Rights Under the Fair Credit Reporting Act form, (“Summary of Rights”) which is required to be...more
The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA)...more
8/15/2017
/ Appeals ,
Article III ,
Background Checks ,
Corporate Counsel ,
Credit Checks ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Standing ,
Time Warner
As we previously reported, New York City’s Fair Chance Act (FCA) went into effect on October 27, 2015. On November 5, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued long-anticipated guidance...more
11/13/2015
/ Conditional Offers ,
Criminal Background Checks ,
Damages ,
Employer Liability Issues ,
Exemptions ,
Fair Chance Act ,
Hiring & Firing ,
Human Rights ,
Job Applicants ,
Job Descriptions ,
Job Offers
As we previously reported in July and June, New York City recently passed the Fair Chance Act (FCA), which becomes effective on Tuesday, October 27, 2015, and is applicable to criminal background checks.
Among other...more